Milbank Insurance Company v. Indiana Insurance Company

Case Summary and Issue

ROBB, Judge.

[1] Milbank Insurance Company filed a declaratory judgment action seeking to determine, as between its personal auto policy and Indiana Insurance Company’s business auto policy, which policy "was primary and which insurer owed a duty to defend and indemnify Sydney Míreles in an underlying personal injury action against her. On summary judgment, the trial court determined the Milbank policy was primary. Milbank now appeals, raising several issues which we consolidate and restate as whether the trial court erred in determining the Milbank policy was primary.…