UNITED STATES FIDELITY & G. CO. v. MILLERS MUT. F. INS. CO. OF TEX.

No. 19046.

396 F.2d 569 (1968)

UNITED STATES FIDELITY & GUARANTY COMPANY, a Corporation, Appellant, v. The MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

June 18, 1968.


Attorney(s) appearing for the Case

Doris J. Banta, of Carter, Bull, Baer, Presberg & Lee, St. Louis, Mo., for appellant; George E. Lee, on the brief.

James J. Amelung, of Holtkamp & Amelung, St. Louis, Mo., for appellee.

Before BLACKMUN, GIBSON and LAY, Circuit Judges.


LAY, Circuit Judge.

Two automobile insurance companies again do battle over the continuing question: "Who has the coverage?" A declaratory action focused attention on who was to pay a judgment against an assured arising out of an automobile accident. In a subsequent third party action a jury found the assured not guilty of any negligence.1 Nevertheless, United States Fidelity & Guaranty Company (hereinafter called U.S.F.&G.), the...

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