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INDIANA INSURANCE CO. v. PARR TRUCKING SERVICE, INC.

No. 74-1652.

510 F.2d 490 (1975)

INDIANA INSURANCE COMPANY, Defendant-Appellant, v. PARR TRUCKING SERVICE, INC., L & B Express, Inc., Plaintiffs-Appellees, Continental Insurance Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 11, 1975.

Attorney(s) appearing for the Case

Ridley M. Sandidge, Sandidge, Holbrook & Craig, Owensboro, Ky., Kightlinger, Young, Gray & De Trude, Howard J. De Trude, Jr., Mark W. Gray, Indianapolis, Ind., for defendant-appellant.

John Wallace Beard, Clarence McCarroll, Bartlett, McCarroll & Nunley, Owensboro, Ky., for appellees.

Before LIVELY, Circuit Judge, and McALLISTER and O'SULLIVAN, Senior Circuit Judges.

LIVELY, Circuit Judge.

This diversity case involves the question of which of two insurers is required to pay for damage to cargo being hauled by truck. Indiana Insurance Company (Indiana) issued a cargo liability policy to "Parr Trucking Service, Inc. and/or L & B Express, Inc." effective July 1, 1971, continuous until cancelled. At the time the policy was issued, Parr and L & B were owned and operated by the same

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