CSX TRANSPORTATION, INC., etc., Plaintiff, -vs- ADMIRAL INSURANCE COMPANY, et al., Defendants., 1996 U.S. Dist. LEXIS 17125

Summary

The insured brought actions against the insurers in which the insured sought a declaratory judgment that determined the coverage afforded by various insurance policies issued by the insurers. The insured also sought damages caused by breach of contract by the insurers. The insured and the insurers sought summary judgment or partial summary judgment under Fed. R. Civ. P. 56. The court held (1) the applicable law was the law of the state in which the site of the risk was located; (2) the action was justiciable because under the totality of the circumstances a true case or controversy existed; (3) when more than one policy applied to a loss, the "other insurance" provisions of each policy provided a scheme by which each insurer's liability was to be apportioned; (4) once it had been determined that the coverage of a policy was properly invoked, the trial court should then determine the amount of the insurer's liability with respect to the policy; (5) there were genuine issues of material ...