AMERICAN FIDEL. & CAS. CO. v. ST. PAUL-MERCURY INDEM. CO.

No. 16441.

248 F.2d 509 (1957)

AMERICAN FIDELITY & CASUALTY COMPANY, Inc., Appellant, v. ST. PAUL-MERCURY INDEMNITY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 9, 1957.


Attorney(s) appearing for the Case

Fred Ball, Montgomery, Ala., for appellant.

Harold Williams, Birmingham, John W. Pemberton, Montgomery, Ala., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

On facts, strikingly simple, neither complex nor conflicting, we have again the problem of an Insurer who has written the policy and taken the Assured's premium urging him to go elsewhere, tentatively if not finally, because another insurer is, or ought to, or may be, liable for the whole, half, or part a loaf. In the process the moving Insurer generally garbs itself in the appealing robes of some assured so that, casting itself in a...

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