Opinion
No. 21621.
November 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.
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.
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.