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AETNA INSURANCE CO. v. GLENS FALLS INSURANCE CO.

No. 71-1736.

453 F.2d 687 (1972)

AETNA INSURANCE COMPANY, Plaintiff-Appellee, v. GLENS FALLS INSURANCE COMPANY, South Carolina Insurance Company, Defendants-Appellants, The London Agency, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 16, 1972.

Attorney(s) appearing for the Case

Hugh M. Dorsey, Jr., Gary W. Hatch, Hansell, Post, Brandon & Dorsey, Atlanta, Ga., for South Carolina Ins. Co.

C. B. Rogers, Powell, Goldstein, Frazer & Murphy, Paul W. Stivers, Atlanta, Ga., for Glens Falls Ins. Co.

George B. Haley, Jr., Emmet J. Bondurant, Atlanta, Ga., for London Agency and others; Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Atlanta, Ga., of counsel.

Sam F. Lowe, Jr., Robert W. Beynart, Atlanta, Ga., Bruce W. Manternach, Hartford, Conn., for Aetna Ins. Co.; Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., of counsel.

Before TUTTLE, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

This appeal involves the existence vel non of an agency relationship between two reinsurers and an employee of the reinsured. The district court found that the employee was an agent of the reinsurers, 327 F.Supp. 11. We disagree and reverse.

On March 3, 1966, a tornado destroyed a television tower in Mississippi. The damage claim, in excess of $375,000, was paid by Aetna Insurance Company for...

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