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PRIME DRILLING CO. v. STANDARD ACCIDENT INSURANCE CO.

No. 6898.

304 F.2d 221 (1962)

PRIME DRILLING COMPANY, a corporation, Appellant, v. STANDARD ACCIDENT INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

May 25, 1962.

Attorney(s) appearing for the Case

A. D. Weiskirch, Wichita, Kan., for appellant.

Richard C. Hite, Wichita, Kan. (W. A. Kahrs, Robert H. Nelson and H. W. Fanning, Wichita, Kan., were with him on the brief), for appellee.

Before MURRAH, Chief Judge, and LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Prime Drilling Company, appellant-plaintiff, sued its public liability insurer, Standard Accident Insurance Company, to recover the cost of extinguishing a gas-well fire. Recovery was denied because the policy permitted the recovery of expenses only when incurred at the request of the insurer, there was no request, and the insurer had not waived the applicable policy provision. Jurisdiction is based on diversity.

The case was tried...

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