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FIDELITY AND CASUALTY COMPANY OF NEW YORK v. ROBB

No. 17579.

267 F.2d 473 (1959)

FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. A. L. ROBB, Appellee.

United States Court of Appeals Fifth Circuit.

Petition for Rehearing and for Additional Oral Argument Denied July 29, 1959.

Attorney(s) appearing for the Case

Howard Barker, J. A. Gooch, Fort Worth, Tex., Eugene Sherrod, Jr., Wichita Falls, Tex., for appellant.

Bob L. Wilson, Kearby Peery, Peery & Wilson, Wichita Falls, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.

HUTCHESON, Chief Judge.

Brought against the insurer in a liability policy, the suit was for the recovery of sums over and above the amounts of the insurance which had been adjudged against, and paid by, the insured in a suit for damages for negligence in furnishing for the use of plaintiff's decedent a defective horse which fell with him and caused his death.

The claim in general was that the insurer could and should have settled the suit within the policy...

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