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LOUIS MEYERS & SON, INC. v. AFFILIATED F M INSURANCE CO.

No. 654, Docket 32525.

424 F.2d 471 (1970)

LOUIS MEYERS & SON, INC., Meyers Make, Inc. and Textile Banking Co., Inc., Plaintiffs-Appellees-Appellants, v. AFFILIATED F M INSURANCE CO., Defendant-Appellant, and Lumbermens Mutual Casualty Co., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 14, 1970.

Attorney(s) appearing for the Case

Bert Cotton, New York City (Rein, Mound & Cotton, New York City), for defendant-appellant.

H. Theodore Subkow, White Plains, N. Y. (Bernard T. Silverman, Yonkers, N. Y., of counsel), for plaintiffs-appellees-appellants.

Joseph T. Keller, New York City, for defendant-appellee.

Before LUMBARD, Chief Judge, HAYS, Circuit Judge, and BLUMENFELD, District Judge.

PER CURIAM.

The plaintiffs in this diversity action sued the defendants Affiliated F M Insurance Co. and Lumbermens Mutual Casualty Co. under separately issued insurance policies to recover for losses to their property resulting from the accidental discharge of water from the sprinkler system on the insureds' premises. These policies each contained clauses which required in substance that if other insurance applied to the same loss each company would pay half. The...

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