Nationwide Mutual Insurance v. Fidelity & Casualty Co.

GOODRICH, Circuit Judge.

This is a declaratory judgment case. The plaintiff, Nationwide Mutual Insurance Company (Nationwide), brought a declaratory judgment action against the defendant insurance companies1 seeking a declaration with respect to the rights of the insurance companies “as applicable to the indemnification of John W. Snyder, owner, and Melvin Plunkard, driver, of a dump truck” involved in an accident in September, 1957. The trial judge denied the plaintiff’s prayer for a decree relieving it of responsibility for the defense of the parties sued in an action in Butler County,…