Travelers Indemnity Co. v. Erie Insurance Exchange

OPINION

WEBER, Chief Judge.

This action for declaratory judgment was brought by plaintiff to determine the potential excess coverage of the defendants named in this suit.

One Randy Niemeyer was the owner and operator of a 1974 Dodge Charger automobile that was involved in a two car collision which resulted in the death of his passenger, Kenneth A. Kinnear. A wrongful death and survival action was brought in the Court of Common Pleas by Cathy Kin-near as Administratrix of the Estate of Kenneth A. Kinnear, against Randy Niemeyer and the driver of the other vehicle.

At the time of the accident Randy…