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WOLVERINE INS. CO. v. STATE AUTO. MUT. INS. CO. OF COLUMBUS, O.

Nos. 18981, 18982.

415 F.2d 1182 (1969)

WOLVERINE INSURANCE CO., Plaintiff-Appellant, v. STATE AUTOMOBILE MUTUAL INSURANCE COMPANY OF COLUMBUS, OHIO, Defendant-Appellee. WOLVERINE INSURANCE CO., Plaintiff-Cross-Appellee, v. STATE AUTOMOBILE MUTUAL INSURANCE COMPANY OF COLUMBUS, OHIO, Defendant-Cross-Appellant.

United States Court of Appeals Sixth Circuit.

September 23, 1969.

Attorney(s) appearing for the Case

Russell E. Bowers, Flint, Mich., for appellant; Gault, Davison & Bowers, Flint, Mich., on brief.

George L. McCargar, Jr., Grand Rapids, Mich., for appellee.

Before O'SULLIVAN, PHILLIPS and EDWARDS, Circuit Judges.

EDWARDS, Circuit Judge.

This appeal involves a suit between two insurance companies as to which, if either, should pay damages for an injury to one Beaudry. Plaintiff Wolverine sued defendant State Automobile to recover the amount of $45,000 Wolverine had paid to settle Beaudry's claim, plus the legal expense of $1,804.35 incurred prior to settlement. The District Judge found that both companies were primarily liable on the risk. Relying upon the apportionment clauses...

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