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AMERICAN F. & C. CO. v. PENNSYLVANIA T. & F. M. CAS. INS. CO.

No. 18074.

280 F.2d 453 (1960)

AMERICAN FIDELITY & CASUALTY COMPANY, Inc., Appellant, v. PENNSYLVANIA THRESHERMEN & FARMERS' MUTUAL CASUALTY INSURANCE COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 6, 1960.

Attorney(s) appearing for the Case

S. F. Memory, Jr., Waycross, Ga., J. Mack Barnes, Waycross, Ga., S. F. Memory, Blackshear, Ga., for appellant; Memory, Barnes & Memory, Waycross, Ga., of counsel.

Larry E. Pedrick, Waycross, Ga., J. H. Highsmith, Baxley, Ga., Milton P. Fields, Rocky Mount, N. C., for Pennsylvania Threshermen & Farmers' Mut. Cas. Ins. Co. and Cargocare Transp. Co., Inc., appellees; Bennett, Pedrick & Bennett, Waycross, Ga., of counsel.

Before CAMERON, JONES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This is another, and undoubtedly not the last, of those cases of which we have many,1 in which one insurer having the good fortune to find some other insurer who has written a policy for someone else attempts to engraft itself upon the contract to which it was not a party in the hopes that what it bound itself to do, it need not perform. The result, if successful, is that its contractee, the assured, must...

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