Insurance Co. of North America v. Continental Casualty Co.

MEMORANDUM OPINION AND ORDER

EDWARD R. BECKER, District Judge.

I. Preliminary Statement

Our task in this case is to allocate insurance liability between two carriers, Continental Casualty Company (Continental) and the Insurance Company of North America (INA), each of which has insured on the face of its policy the loss incurred in a fatal highway accident. The accident, which took place on June 17,1971, and resulted in the death of Kenneth Leigh Toney, involved a truck which had been leased by Rebel Truck Rentals, Inc. (Rebel) to Tifton Aluminum Company (Tifton), a subsidiary of the Aluminum…