Opinion
No. 9670.
Argued February 4, 1965.
Decided February 8, 1965.
Charles R. Warren, Jr., Danville, Va. (Hugh P. Griffin, Jr., Reidsville, N.C., on brief), for appellant.
Richard C. Rakes, Roanoke, Va. (Gentry, Locke Rakes, Roanoke, Va., on brief), for appellees The North River Ins. Co. and Irvin Lee Bailey, and (Edwin B. Meade and Meade, Tate Meade, Danville, Va., on brief), for appellee The Fidelity Cas. Co. of New York.
Before HAYNSWORTH, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.
The Connecticut Fire Insurance Company has appealed from so much of the judgment of the District Court as was adverse to it. North River Insurance Company, the insurer of the used car dealer, has not appealed from that part of the judgment which was adverse to it, but seeks affirmance of the judgment below.
After full consideration of the briefs and argument of counsel, we conclude that the Connecticut policy provides primary coverage, as does North River's. The reason for our conclusion is sufficiently stated in the opinion of the District Court.
Affirmed.