Lumbermens Mutual Casualty Co. v. S-W Industries, Inc.

RYAN, Circuit Judge (pp. 983-84) and JOINER, Senior District Judge (pp. 984-85), delivered separate opinions concurring-in part and dissenting in part.

SUHRHEINRICH, Circuit Judge.

Lumbermens Mutual Casualty Company (Lumbermens) filed suit seeking a declaratory judgment as to its obligations under certain insurance policies issued to S-W Industries, Inc. (S-W). Because they also had issued various policies to S-W, Lumbermens named as defendants Aetna Casualty & Surety Company (Aetna), Employers’ Liability Assurance Corporation, Ltd. (ELAC), The Travelers Insurance Company (Travelers), American…