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NATIONWIDE MUTUAL INS. CO. v. NEW AMSTERDAM CAS. CO.

No. 10842.

376 F.2d 607 (1967)

NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation, Appellee, v. NEW AMSTERDAM CASUALTY COMPANY, a corporation, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 3, 1967.

Attorney(s) appearing for the Case

Herbert G. Underwood, Clarksburg, W. Va. (Steptoe & Johnson, Clarksburg, W. Va., on brief), for appellant.

Russell L. Furbee, Fairmont, W. Va. (Harry H. Bryer, Martinsburg, W. Va., and Furbee, Hardesty, Critchfield & Whyte, Fairmont, W. Va., on brief), for appellee.

Before BOREMAN, WINTER and CRAVEN, Circuit Judges.

WINTER, Circuit Judge.

Whether Nationwide Mutual Insurance Company ("Nationwide") or New Amsterdam Casualty Company ("New Amsterdam") could be liable to pay judgments totalling $26,000.00 against Charles A. Bellows for his negligence in an automobile accident is the question to be decided. Bellows was an insured under a policy issued by Nationwide to his mother, having applicable limits of $100,000.00, which contained a provision constituting it excess insurance where...

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