Standard Dry Kiln Company, a Corporation v. Bituminous Fire and Marine Insurance Company, a Corporation

Plaintiff-appellant, Standard Dry Kiln Company (Standard), appeals from a judgment dismissing its complaint against defendant-appellee Bituminous Fire and Marine Insurance Co. (Bituminous). The case was tried without a jury (Gus J. Solomon, Judge) largely upon facts and exhibits stipulated in a comprehensive pre-trial order, interrogatories and answers thereto, requests for admissions and responses thereto, and résumés of the testimony of various witnesses. Out of all this material the trial court had, and this Court has, to try to piece together such agreement, if any, which may form the basis of such rights as may have been created thereby.

Basic to the factual structure is an insurance policy PC-2-19552 issued under date of January 14, 1966, by Bituminous to Standard. The policy covered Standard’s employees with respect to workmen’s compensation (W.C.) (Coverage A) and employer’s liability (“bodily injury by accident”) (Coverage B). Item 3 of the policy limited the scope of Coverage A to Indiana and Tennessee; an All States Endorsement extended the policy’s coverage to areas outside Indiana and Tennessee. However, the All States Endorsement was not to apply to some twenty…