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AMERICAN AUTOMOBILE INS. CO. v. FIDELITY & CASUALTY CO.

No. 5526.

247 F.2d 185 (1957)

AMERICAN AUTOMOBILE INSURANCE COMPANY, a corporation, Appellant, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

August 5, 1957.

Attorney(s) appearing for the Case

Caswell S. Neal, Carlsbad, N. M., (of Neal, Neumann & Neal, Carlsbad, N. M.), for appellant.

Ross L. Malone and Paul A. Cooter, Roswell, N. M., for appellee.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

In this declaratory action between two casualty insurance companies, the only issue is which, if either, of the two companies is liable under their respective policies for amounts paid by each in compromise settlement of claims against the insured under both policies. Upon stipulated and uncontroverted facts, the trial court held that neither of the companies was liable under its policy for the amounts...

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