UNDERWOOD v. BUZBY

No. 11864.

236 F.2d 937 (1956)

Harry C. UNDERWOOD v. Thomas F. BUZBY, Individually and trading as Maryland-Pennsylvania Express, Defendant, and E. Hubschman & Sons, Inc., Third-Party Defendant. American Fidelity & Casualty Company, Inc., Appellant.

United States Court of Appeals Third Circuit.

Decided September 11, 1956.


Attorney(s) appearing for the Case

John J. McDevitt, III, Philadelphia, Pa. (Bernard J. Smolens, Philadelphia, Pa., on the brief), for appellant.

Milton M. Borowsky, Philadelphia, Pa. (Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellees.

Before MARIS and McLAUGHLIN, Circuit Judges, and VAN DUSEN, District Judge.


VAN DUSEN, District Judge.

This case raises the question of whether the trial court was correct in holding that a public liability insurance carrier is required by the following terms of its policy to pay interest on the uninsured portion of a verdict from the date of entry of judgment on that verdict to the date of payment into court of the proceeds of the policy and interest thereon:1

"As respects the insurance afforded by the...

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