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BITUMINOUS CASUALTY CORP. v. AETNA INSURANCE CO.

Nos. 71-1599, 71-1612, 71-1618.

461 F.2d 730 (1972)

BITUMINOUS CASUALTY CORPORATION, Appellant-Appellee, v. AETNA INSURANCE COMPANY, Appellant-Appellee, Helen L. Kletzker, Appellant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1972.

Attorney(s) appearing for the Case

Charles E. Gray, Gray, Friedman & Ritter, St. Louis, Mo., for appellant Bituminous Casualty Corp.

John H. Cunningham, Jr., Willson, Cunningham & McClellan, St. Louis, Mo., for Aetna Ins. Co., appellant-appellee.

Michael J. Ebeling, St. Louis, Mo., for Helen L. Kletzker.

Before MATTHES, Chief Judge, and HEANEY and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

This is an appeal from a declaratory judgment entered by the trial court holding that two fire insurance policies were in effect on the date the insured suffered a fire loss and therefore each of the insurance companies involved must pay 50% of the loss sustained by the insured. The insured's right to recover and the amount of her loss are not in dispute.1 The trial court's Findings of Fact and Conclusions of...

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