Harleysville Mutual Insurance Company v. Employers Casualty Company, Harleysville Mutual Insurance Company v. Glens Falls Insurance Company

The present controversy arose out of a collision between a dump truck and a motorcycle, which resulted in the death of one Johannsen, the driver of the motorcycle. The deceased’s widow instituted a suit in the Arizona state court. Prior to the trial of that suit, the state court granted a motion for summary judgment made by Conway, one of the defendants in the state court action and the insured of Glens Falls. No appeal from the court’s action in this respect was taken. In the ensuing trial against the remaining defendants, the state judge instructed the jury, in accordance with Restatement (Second) of Torts § 428 (1965), that since Patterson, the driver of the truck, was operating under an Arizona Corporation Commission Certificate of Convenience and Necessity issued to Fulton, Harleysville’s insured, at the time of the accident, the liability, if any, of Patterson and Fulton was joint and several. The jury found in favor of the widow, and a judgment of $191,000 was entered against Patterson and Fulton, representing a jury verdict of $200,000, less $9,000 which had previously been paid to Mrs. Johannsen by United States Fidelity and Guaranty Company, Patterson’s liability…