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VIRGINIA MUTUAL INS. CO. v. INSURANCE CO. OF NO. AMER.

No. 11210.

383 F.2d 6 (1967)

VIRGINIA MUTUAL INSURANCE COMPANY and Mill Owners Mutual Insurance Company, Appellees, v. INSURANCE COMPANY OF NORTH AMERICA and Indiana Lumbermen's Mutual Insurance Company, Appellants.

United States Court of Appeals Fourth Circuit.

Decided September 11, 1967.

Attorney(s) appearing for the Case

John M. Minor, Winston-Salem, N. C. (William K. Davis, and Deal, Hutchins & Minor, Winston-Salem, N. C., on brief), for appellants.

J. Robert Elster, Winston-Salem, N. C. (Ralph M. Stockton, Jr., and Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, Winston-Salem, N. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

The question in this declaratory judgment action is whether a fire loss admittedly covered by the plaintiffs' policies was also, as they charge, covered by the defendants' policies. The District Court declared for the plaintiff-insurers, holding the defendant companies as co-insurers. They appeal. In our opinion the defendants' policies had been cancelled before the fire occurred and they cannot be required to contribute to the owner...

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