Keith Fulton & Sons, Inc. v. Continental Insurance

MEMORANDUM AND INTERLOCUTORY ORDER

GARRITY, District Judge.

Plaintiff, Keith Fulton & Sons, Inc. (“Fulton”), a trucking company, has sued the defendant, Continental Insurance Company of the City of New York (“Continental”), on a liability insurance policy issued by the defendant. The plaintiff allegedly became liable to one of its customers, Bethlehem Steel Corp. (“Bethlehem”), when part of a lathe belonging to Bethlehem fell from the plaintiff’s truck and was damaged. Jurisdiction of this court has been invoked on the basis of diversity of citizenship, which has been established. At a pretrial…