Travelers Indemnity Company v. Walburn

MEMORANDUM-ORDER

GASCH, District Judge.

This matter is before the Court on plaintiff’s motion for summary judgment and defendants’ opposition thereto. Plaintiff, The Travelers Indemnity Company (hereinafter referred to as Travelers), seeks a declaratory judgment pursuant to 28 U.S.C. § 2201 et seq. that it is not obligated to defend certain claims or indemnify against any liability arising out of those claims pending against Mr. James R. Walburn [Walburn].

I. FACTUAL BACKGROUND.

The tragic events that gave rise to this litigation occurred in the Fall of 1971. On the night of September 17, 1971,…