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AMERICAN SURETY COMPANY OF N. Y. v. CANAL INS. CO.

No. 7631.

258 F.2d 934 (1958)

AMERICAN SURETY COMPANY OF NEW YORK, Appellant and Cross-Appellee, v. CANAL INSURANCE COMPANY, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided August 29, 1958.

Attorney(s) appearing for the Case

John P. Mann, Greenville, S. C. (James R. Mann, Greenville, S. C., on brief), for appellant and cross-appellee.

Wesley M. Walker and J. D. Todd, Jr., Greenville, S. C. (James H. Watson, Greenville, S. C., on brief), for appellee and cross-appellant.

Before SOPER and HAYNSWORTH, Circuit Judges, and MOORE, District Judge.

HAYNSWORTH, Circuit Judge.

This is a controversy between two insurance companies over their relative obligations respecting the liabilities of a lessee of trucking equipment which had been involved in a highway collision. The District Court held that no effect could be given an excess insurance clause, applicable to hired vehicles, in American Surety's policy issued to the lessee, because of a pro rata contribution clause in Canal's policy issued to the lessor, and...

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