HIGHLANDS INS. CO. v. ALLSTATE INS. CO.

No. 81-4238.

688 F.2d 398 (1982)

HIGHLANDS INSURANCE COMPANY, Plaintiff-Appellee Cross-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant Cross-Appellee, Tri-State Savings and Loan Association, Defendant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 7, 1982.


Attorney(s) appearing for the Case

Joseph L. McCoy, Sinith C. Tipton, Jackson, Miss., for defendant-appellant cross-appellee.

James L. Carroll, Jackson, Miss., for plaintiff-appellee cross-appellant.

Sam E. Scott, John B. MacNeill, Jackson, Miss., for Tri-State.

Before RUBIN and REAVLEY, Circuit Judges, and HUNTER, District Judge.


ALVIN B. RUBIN, Circuit Judge:

Two insurers issued separate policies, each purporting to insure the same property against loss by fire, each with a loss payable clause in favor of the same institutional mortgagee of the property. Each policy contained a clause providing that it would not be effective if there were other insurance on the property. When the property was damaged by fire, each insurer denied liability under its policy and one contended alternatively that...

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