Eastman Kodak Co. v. United States Fidelity & Guaranty Co.

THOMSEN, Chief Judge.

The complaint in this case seeks a declaratory judgment that a liability policy issued to plaintiff by defendant covers plaintiff's liability to others for their property damage caused by an explosion at plaintiff’s factory in Sullivan County, Tennessee, on October 4, 1960. Defendant contends that the explosion was excluded from the coverage of its policy by an endorsement thereto. A number of excess liability policies, called by the parties “umbrella policies”, were issued to plaintiff in “layers” by various excess insurers. In its answer to the complaint defendant…