National Screen Service Corporation v. United States Fidelity and Guaranty Company

ANDERSON, Circuit Judge.

National Screen Service Corporation, the insured, commenced the present action on an insurance policy in the Supreme Court of New York seeking recovery against United States Fidelity and Guaranty Company, the insurer, for refusing to defend and pay various claims asserted by third parties against National. The suit was removed to the District Court for the Southern District of New York, on the basis of diversity, pursuant to 28 U.S.C. § 1441 (1964 ed.). The District Court rendered judgment for National and USF&G appeals.

The facts are these: National, the appellee, is…