Country Mutual Insurance v. Aetna Life & Casualty Insurance

Mr. PRESIDING JUSTICE GUILD

delivered the opinion of the court:

This is a suit to determine which of two insurance companies was the primary insurer of an automobile at the time of an accident.

In the early morning hours of Sunday, October 5,1975, Scott Taylor and Kathleen Taylor were killed and Edward Van Poolen, Jr., was seriously injured when struck by an automobile operated by Donald Wittier. John Taylor, individually and as administrator of the estates of the Taylor children, and Edward Van Poolen, on his own behalf, filed lawsuits for damages against Donald Wittier. Country Mutual…