BOSTON INSURANCE COMPANY v. FARMERS BANK

No. 13022.

245 F.2d 241 (1957)

BOSTON INSURANCE COMPANY, Citizens Insurance Company of New York, Milwaukee Insurance Company of Milwaukee, Wisconsin, New York Underwriters Insurance Company, North British & Mercantile Insurance Company, Ltd., and United States Fire Insurance Company, Appellants, v. The FARMERS BANK, Appellee.

United States Court of Appeals Sixth Circuit.

April 30, 1957.


Attorney(s) appearing for the Case

Ogden, Galphin & Abell, Louisville, Ky., for appellants.

Stoll, Keenon & Park, Lexington, Ky., B. T. Moynahan, Nicholasville, Ky., for appellee.

Before ALLEN, McALLISTER and STEWART, Circuit Judges.


PER CURIAM.

This is an appeal from a declaratory judgment holding the appellant insurers liable for the full face amount of their policies covering losses to the appellee's property caused by an explosion. The issue is whether the provisions of the apportionment clauses contained in the appellants' policies were operative, by reason of the existence a banker's blanket bond insurance policy, the face value of which, combined with that of the appellants' policies, exceeded...

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