Employers' Surplus Lines Ins. Co. v. Fireman's Fund Insurance Co.

The plaintiff Employers’ Surplus Lines Insurance Company (hereinafter designated by the name Employers’ Surplus) sought a declaratory judgment as to its rights and duties and the respective rights and duties of other insurance companies under policies of insurance issued to the defendant Crescent Wharf & Warehouse Co. (hereinafter designated by the name Crescent Wharf), a corporation engaged in the business of stevedoring. 1 The plaintiff Employers’ Surplus has appealed from the judgment.

. The nature of the controversy is readily made apparent by the findings of fact. Portions of such findings relating to the claims involved are as follows: (1) Since March 1, 1963, defendant Crescent Wharf has been sued in 30 different suits by means of third-party complaints or cross-complaints asserted against it by the owners of vessels whereon Crescent Wharf was employed for cargo handling and stevedoring services. In each of those suits an employee of Crescent Wharf who was working as a stevedore for Crescent Wharf during the period between March 1, 1963, and July 14, 1964, sued the owner of the vessel for damages for personal injuries sustained by the employee while performing cargo…