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COMMERCIAL STANDARD INS. CO. v. AMERICAN EMP. INS. CO.

No. 11797.

209 F.2d 60 (1954)

COMMERCIAL STANDARD INS. CO. v. AMERICAN EMPLOYERS INS. CO.

United States Court of Appeals Sixth Circuit.

January 6, 1954.

Attorney(s) appearing for the Case

Raymond C. Stephenson, Louisville, Ky., Raymond C. Stephenson, Charles M. Allen, Louisville, Ky., on brief, for appellant.

J. W. Clements, Louisville, Ky., J. Walter Clements, Curtis & Curtis, Louisville, Ky., on brief, for appellee.

Before SIMONS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.

McALLISTER, Circuit Judge.

This is a contest between two insurance companies which insured an individual against the same risk. Appellant company paid the entire loss arising therefrom, and seeks contribution from the other insurance company. The District Court held that appellant and appellee were co-insurers; that, by the terms of their policies, each became liable to the insured for that proportion of the total loss which its insurance bore to the total amount...

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