Harleysville Mutual Insurance Company v. Employers Casualty Company, Harleysville Mutual Insurance Company v. Glens Falls Insurance Company

ELY, Circuit Judge:

The present controversy arose out of a collision between a dump truck and a motorcycle, which resulted in the death of one Johannsen, the driver of the motorcycle. The deceased’s widow instituted a suit in the Arizona state court. Prior to the trial of that suit, the state court granted a motion for summary judgment made by Conway, one of the defendants in the state court action and the insured of Glens Falls. No appeal from the court’s action in this respect was taken. In the ensuing trial against the remaining defendants, the state judge instructed the jury, in accordance…