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LIBERTY UNIVERSAL INSURANCE COMPANY v. NATIONAL SURETY CORPORATION

No. 21621.

338 F.2d 988 (1964)

LIBERTY UNIVERSAL INSURANCE COMPANY, Appellant, v. NATIONAL SURETY CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

November 30, 1964.

Attorney(s) appearing for the Case

Sam Day, Brown, Day & Crowley, Fort Worth, Tex., for appellant.

Thomas B. Weatherly, Judson R. Wood, Vinson, Elkins, Weems & Searls, Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, and BROWN and GEWIN, Circuit Judges.

PER CURIAM.

This is a contest between Liberty Universal Life Insurance Company and National Surety Corporation concerning the liability of each respective company under policies of insurance issued by each providing indemnity against loss as a result of bodily injury. A loss was sustained as a result of an accident in which one person was killed and two injured.

The District Court concluded that the liability of the two companies should be prorated in accordance...

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