Ohio Casualty Insurance v. United States Fidelity & Guaranty Co.

This appeal from a declaratory judgment involves a dispute between plaintiff insurance companies and the defendant insurance company as to which is responsible under their respective policies for defense and any judgment arising out of an injury suit filed by Carroll against Livesay, Jr.

The facts are not in dispute and only a legal question emerges. The appeal is taken from the judgment declaring that U.S.F. & G. is primarily liable and Ohio Casualty and West American liable for any excess.

Carroll was a salesman-employee of Parkway Motors. In the course of his employment he permitted Livesay,…