The Fidelity & Casualty Company of New York v. Indiana Lumbermen's Mutual Insurance Company

DYER, Circuit Judge:

This is a coverage contest between two insurance companies. Indiana 1 sued Fidelity to recover one-half of the amount Indiana expended in settlement, attorney’s fees and expenses incurred in the defense of personal injury cases brought against Y. W. Young, its insured. Indiana claimed that on the date of Young’s accident Indiana and Fidelity each had a liability policy insuring Young in full force and effect, and that Fidelity had declined to defend or to participate with Indiana in a compromise settlement of the suits. Both policies contained an “other insurance” clause…