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ROYAL INDEMNITY COMPANY v. AETNA INSURANCE COMPANY

No. 9621.

338 F.2d 700 (1964)

ROYAL INDEMNITY COMPANY, a body corporate of the State of New York, Appellant, v. AETNA INSURANCE COMPANY, a body corporate of the State of Connecticut, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 20, 1964.

Attorney(s) appearing for the Case

Richard H. James, Baltimore, Md. (Paul M. Higinbothom, Baltimore, Md., on brief), for appellant.

M. King Hill, Jr., Baltimore, Md. (Smith, Somerville & Case, Baltimore, Md., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and J. SPENCER BELL, Circuit Judges.

PER CURIAM.

In resolving this controversy between two automobile liability insurers, the District Court found that the offending automobile was owned by the dealer rather than the bank. The basic agreement between the dealer and the bank, under which the dealer's sales were financed, was ambiguous as to the ownership of repossessed vehicles in the possession of the dealer. The basic agreement was susceptible of the construction that there was a conditional sale to...

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