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RESERVE INS. CO. v. BROKERAGE SURPLUS CORP.

No. 77-1432.

570 F.2d 487 (1978)

RESERVE INSURANCE COMPANY, Appellant, v. BROKERAGE SURPLUS CORPORATION, Appellee.

United States Court of Appeals, Third Circuit.

Decided February 13, 1978.

Attorney(s) appearing for the Case

James M. Marsh, LaBrum & Doak, Andrew C. Hecker, Jr., Philadelphia, Pa., for appellant.

Allan Maitlin, Fuerstein, Sachs & Maitlin, West Orange, N. J., for appellee.

Before ALDISERT and WEIS, Circuit Judges, and CHRISTENSEN, District Judge.

OPINION OF THE COURT

CHRISTENSEN, District Judge.

Irrespective of whether the loss for which the insurance company in this case sued its agent involved no negligence on the part of the latter, as we are inclined to believe, or was not the proximate result of the agent's negligence, as the district court held, it is clear that no liability attached. We, therefore, affirm the judgment denying recovery.

The case was submitted to the district court on...

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