338 F2d 988 Liberty Universal Insurance Company v. National Surety Corporation

338 F.2d 988

LIBERTY UNIVERSAL INSURANCE COMPANY, Appellant,
v.
NATIONAL SURETY CORPORATION, Appellee.

No. 21621.

United States Court of Appeals Fifth Circuit.

Nov. 30, 1964.

Sam Day, Brown, Day & Crowley, Fort Worth, Tex., for appellant.

Thomas B. Weatherly, Judson R. Wood, Vinson, Elkins, Weems & Searls, Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, and BROWN and GEWIN, Circuit Judges.

PER CURIAM.

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1

This is a contest between Liberty Universal Life Insurance Company and National Surety Corporation concerning the liability of each respective company under policies of insurance issued by each providing indemnity against loss as a result of bodily injury. A loss was sustained as a result of an accident in which one person was killed and two injured.

2

The District Court concluded that the liability of the two companies should be prorated in accordance with a provision common to both policies with respect to 'other insurance,' and directed that Liberty bear three-eighths of the loss and National five-eighths. We detect no error in the findings of fact and conclusions of law of the trial court. The judgment is affirmed.