GREAT WEST CASUALTY COMPANY v. TRUCK INSURANCE EXCHANGE

No. 8127.

358 F.2d 883 (1966)

GREAT WEST CASUALTY COMPANY, a corporation, Appellant, v. TRUCK INSURANCE EXCHANGE, a corporation, H & M Leasing Corporation, a corporation, National Farm Lines, an Oklahoma cooperative association, and Par Truck Leasing, Incorporated, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

March 23, 1966.


Attorney(s) appearing for the Case

Floyd L. Martin, Jr., Oklahoma City, Okl., and Joe Cosgrove, Sioux City, Iowa, for appellant.

James W. Shepherd, Oklahoma City, Okl. (Foliart, Shepherd & McPherren, Oklahoma City, Okl., of counsel, on the brief), for appellee, Truck Insurance Exchange.

Terry Shipley, Oklahoma City, Okl. (Johnston & Johnston, Oklahoma City, Okl., on the brief), for appellees, Par Truck Leasing, Incorporated, H & M Leasing Corporation, and National Farm Lines.

Before PICKETT and SETH, Circuit Judges, and CHRISTENSEN, District Judge.


SETH, Circuit Judge.

The appellant insurance company, the carrier for a truck lessee, seeks to have its liability under a truck fire policy reduced by reason of the existence of other insurance procured by the owner of the truck which it asserts also covered the same loss. It commenced a diversity based declaratory judgment suit in Oklahoma against Truck Insurance Exchange, an appellee, to resolve the question. Appellant consented at trial that its insured, the truck...

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