Hawkeye Security Insurance v. Porter

MEMORANDUM AND ORDER

SHARP, Chief Judge.

This case was filed pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201, with jurisdiction based on diversity of citizenship, 28 U.S.C. § 1332. The action is presently before this Court on plaintiff’s, Hawkeye Security Insurance Company, motion for summary judgment. The background facts are not in dispute.

On May 26, 1978 an automobile being driven by Arthur Buck collided with another vehicle being driven by John D. Robusto. At the time of the accident, the plaintiff was Mr. Buck’s insurance carrier, while Mr. Robusto’s insurer was defendant, State…