Aetna Insurance Company v. Fidelity & Casualty Company of New York

We affirm on the basis of the findings of fact and conclusions of law of the trial court, appended hereto.

Affirmed.

APPENDIX

[Title Omitted]

[Filed December 26, 1972]

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I

STATEMENT OF THE CASE

1. This is a declaratory judgment action filed by Plaintiff, Aetna Insurance Company, against Defendant, Fidelity & Casualty Company of New York, seeking a declaration of its rights regarding insurance policies issued by Aetna and Fidelity.

2. By pre-trial stipulation the parties agreed that there were no disputed facts, or facts which remain to be litigated at trial; and…