Legal Opinion
Allstate Insurance v. Merchants Hardware Co.
District Court, N.D. West Virginia
Decided December 22, 1959No. 565-FPublishedCited by 4 opinions
1Opinion of the Court
HARRY E. WATKINS, Chief Judge.
This is an action for declaratory judgment under 28 U.S.C.A. § 2201, tried by the Court, and arising out of an automobile accident in which several persons, riding in a truck owned by defendant, Merchants Hardware Company, and driven by Jerry R. Eaton, were killed or injured. Plaintiff, Allstate Insurance Company, had liability coverage on Eaton, the driver, and defendant, American Hardware Mutual Insurance Com*592pany, had liability coverage on Merchants Hardware, the owner of the truck. Allstate claims that Hardware Mutual is the primary insurer and that its…
2Cases cited5 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hinton v. Indemnity Insurance Co. of North AmericaSupreme Court of Virginia · 1940
- Utica Mutual Insurance Company, a Corporation v. Robert E. Rollason, Administrator of the Estate of Richard Moncure Young, DeceasedCourt of Appeals for the Fourth Circuit · 1957
- Collins v. New York Casualty Co.West Virginia Supreme Court · 1954
- A. P. Williams and Roxie J. Williams v. Travelers Insurance CompanyCourt of Appeals for the Fourth Circuit · 1959
3Cited by4 opinions
- Indemnity Insurance Co. of North America v. Metropolitan Casualty InsuranceSupreme Court of New Jersey · 1960
- INDEMNITY INS. CO., ETC. v. Metropolitan Cas. Ins. Co.Supreme Court of New Jersey · 1960
- Canal Insurance v. DupontDistrict Court, S.D. West Virginia · 2014
- United States Fidelity & Guaranty Co. v. Landers Chevrolet, Inc.District Court, S.D. West Virginia · 1970