Aetna Casualty & Surety Co. v. Safeco Insurance

A declaratory relief action was brought by plaintiff to establish liability among three insurance carriers for a shooting accident which occurred inside a vehicle. At the time of the accident, the automobile in question was in the process of being sold by Frank Davis to Ralph Helm. Aetna Casualty and Surety Company provided liability insurance on the automobile to its insured, Ralph Helm. Allstate Insurance Company provided liability insurance on the automobile to its insured, Frank Davis. Safeco Insurance Company provided homeowners insurance to Ralph Helm.

Following the accident, Glenn Clark instituted a personal injury action entitled “Clark v. Helm, et al.” Settlement of that lawsuit was effected by payment of $9,000 to Glenn Clark. The insurance carriers contributing to the settlement reserved their rights to reimbursement from each other, pending resolution of the within declaratory relief action. The trial court found that the homeowners policy, issued by Safeco, provided the only coverage for the accident.

The declaratory relief action was tried on stipulated facts, of which the following is a summary:

When the boys arrived at the target practice site in…