MASSACHUSETTS BONDING & INS. CO. v. CAR & GEN. INS. CORP.

Civ. A. 19139.

152 F.Supp. 477 (1957)

MASSACHUSETTS BONDING AND INSURANCE COMPANY, a corporation v. CAR AND GENERAL INSURANCE CORPORATION, Limited, United States Branch, a corporation.

United States District Court E. D. Pennsylvania.

June 28, 1957.


Attorney(s) appearing for the Case

Swartz, Campbell & Henry, Joseph Head, Jr., Philadelphia, Pa., for plaintiff.

Albert C. Gekoski, Philadelphia, Pa., for defendant.


KRAFT, District Judge.

The question for determination under the unusual facts of this case is whether, under Pennsylvania law, an insurer is entitled to recover from a co-insurer of the same risk a proportionate part of the payment made by the former in settlement of a claim for which no suit had been brought against the common insured, when the co-insurer had falsely denied the existence of its coverage.

At the close of the evidence in the trial to the court...

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