Employers' Liability Assur. Corp. v. Accident & Casualty Ins.

SIMONS, Circuit Judge.

Out of an automobile collision in Ohio on March 26, 1940, grows the present controversy, between two insurers in respect to the coverage of their contracts. It was initiated by the appellee in a suit for a declaratory judgment absolving it from liability and responded to by the appellant, as intervenor, with prayer for a declaration of primary liability on the part of the appellee.

William W. Leopold was the owner and driver of the car allegedly responsible for the collision. At the time of the accident he was employed as General Superintendent of the Superior Sheet Steel…