CLAUSS v. AMERICAN INSURANCE COMPANY

No. 13332.

287 F.2d 873 (1961)

Felix CLAUSS, Jr., Thomas R. Clauss and Anna M. Clauss, t/a Felix Clauss and Sons, Appellants, v. AMERICAN INSURANCE COMPANY and Paul Rumer and City of Philadelphia.

United States Court of Appeals Third Circuit.

Decided March 8, 1961.

Rehearing Denied March 30, 1961.


Attorney(s) appearing for the Case

Henry J. Morgan, Philadelphia, Pa. (Blank, Rudenko, Klaus & Rome, Philadelphia, Pa., on the brief), for appellants.

Milford J. Meyer, Philadelphia, Pa. (Meyer, Lasch, Hankin & Poul, Philadelphia, Pa., on the brief), for Paul Rumer. Thomas Raeburn White, Jr., Philadelphia, Pa. (Jan E. DuBois, White & Williams, Philadelphia, Pa., on the brief), for American Ins. Co.

Before KALODNER, STALEY and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

Underlying this controversy concerning the coverage of two liability insurance policies is an accident which occurred when a truck driven by Paul Rumer swerved and hit a tree bordering Roosevelt Boulevard in the City of Philadelphia. In an ordinary action for negligent injury against the City of Philadelphia in the Court of Common Pleas, Rumer alleged that a defect in the public roadway had caused the swerving of his truck. The City then brought...

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