Travelers Insurance Co. v. EMPLOYERS'LIABILITY ASSUR. CORP.

WINTER, District Judge.

This diversity action has been instituted to recover plaintiffs’ expenditure of sums in settlement of a suit for personal injuries against their named insured and the cost of carrying on that litigation. It raises questions of whether defendant insured plaintiffs’ named insured and, if so, whether plaintiffs or defendant were the primary insurer.

Plaintiffs (Travelers) insured Hess, Inc. (Hess) under a comprehensive liability policy, while defendant (Employers) insured Stewart Petroleum Company (Stewart) under an automobile liability policy. Hess distributes petroleum…