Nationwide Mutual Insurance v. Fidelity & Casualty Co.

WILLSON, District Judge.

The parties to this civil action are insurance carriers. The plaintiff insurance carrier seeks a declaratory judgment of this court with respect to the rights, privileges, duties, obligations and legal relations of the parties under the terms of their respective policies. In its brief, plaintiff says one of the issues is which carrier under its policy has the primary responsibility to defend one Melvin Plunkard, the driver of a truck involved in an accident. The jurisdiction is diversity of citizenship with the cause of action founded on the declaratory judgment…