EMPLOYERS' LIABILITY ASSUR. CORP. v. MARYLAND CAS. CO.

No. 11482.

230 F.2d 370 (1956)

The EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Limited, Plaintiff-Appellant, v. MARYLAND CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

February 27, 1956.


Attorney(s) appearing for the Case

T. F. Sullivan, Chicago, Ill., for appellant.

Kenneth F. Montgomery, J. F. Dammann, Kent Chandler, Jr., Chicago, Ill., Wilson & McIlvaine, Chicago, Ill., of counsel, for appellee.

Before DUFFY, Chief Judge, and MAJOR and SWAIM, Circuit Judges.


DUFFY, Chief Judge.

Plaintiff, hereinafter called "Employers'", issued a policy of automobile liability insurance to Joseph Behr & Sons, Inc. of Rockford, Illinois. The policy covered the liability of the insured in connection with the use in its business of certain hired and non-owned motor vehicles. Plaintiff brought this action for a declaratory judgment as subrogee of Joseph Behr & Sons, Inc.

On December 17, 1949, defendant Maryland Casualty Company...

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