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ABILENE SAVINGS ASS'N v. WESTCHESTER FIRE INSURANCE CO.

No. 71-1636.

461 F.2d 557 (1972)

ABILENE SAVINGS ASSOCIATION, Plaintiff-Appellee, v. WESTCHESTER FIRE INSURANCE COMPANY, Defendant-Appellant, St. Paul Fire and Marine Insurance Company, Defendant.

United States Court of Appeals, Fifth Circuit.

March 29, 1972.

Attorney(s) appearing for the Case

C. Edward Fowler, Jr., James A. Williams, Dallas, Tex., Bernard P. Evans, Lubbock, Tex., Bailey, Williams, Weber & Allums, Dallas, Tex., for defendant-appellant.

Bob Hanna, W. L. Burke, Jr., Schulz, Hanna & Burke, Abilene, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and INGRAHAM, Circuit Judges.

TUTTLE, Circuit Judge:

This Texas diversity case involves the question whether the failure by an insured to furnish proof of loss to its insurer within the time specified by the bond contract precludes recovery on the bond. Appellee, Abilene Savings Association, as successor to Western Commercial Savings and Loan Association, brought this action against appellant, Westchester Fire Insurance Company, seeking indemnity under a savings and loan blanket bond for losses...

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