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JOHNSON v. ALLSTATE INSURANCE COMPANY

No. 9439.

333 F.2d 698 (1964)

Holly JOHNSON, as Administrator of the Estate of Joseph Henry Fail, deceased, Appellee, v. ALLSTATE INSURANCE COMPANY, Appellant. Holly JOHNSON, as Administrator of the Estate of Joseph Henry Fail, deceased, Appellant, v. SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 15, 1964.

Attorney(s) appearing for the Case

Charles D. Powers, Florence, S. C. (Wright, Scott, Blackwell & Powers, Florence, S. C., on brief), for appellant Allstate Ins. Co.

Henry Hammer, Columbia, S. C. (Henry H. Edens, Columbia, S. C., Julian S. Wolfe, Lofton M. Fanning and W. T. Klapman, Orangeburg, S. C., on brief), for appellee and appellant Holly Johnson.

William A. Horger, Orangeburg, S. C. (Horger & Horger, Orangeburg, S. C., on brief), for appellee Southern Farm Bureau Casualty Ins. Co.

Before HAYNSWORTH and BRYAN, Circuit Judges, and HEMPHILL, District Judge.

PER CURIAM:

A liability insurer seeks to shift its liability under its uninsured motorists' endorsement to its policy to another insurer upon grounds of waiver and estoppel, which we find not present.

The plaintiff's intestate was a passenger in an automobile which collided with two trucks owned by one Livingston. In an action for wrongful death, he obtained a judgment against Livingston and the two men in possession of the trucks.

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