Michigan Milk Producers Ass'n v. Commercial Union Insurance

OPINION

HILLMAN, District Judge.

This is a diversity case in which the court’s decision turns on an unanswered question of Michigan law. The issue before the court is the apportionment of liability for pre-judgment interest among an insured party and its primary and excess insurers. The court has taken testimony and extensive briefs have been submitted. Pursuant to Fed.R.Civ.P. 52(a), the court enters the following findings of fact and conclusions of law.

FACTS

On April 6, 1960, near Millington, Michigan, a self-propelled passenger railcar owned by New York Central Railroad (NYCR) was damaged in…