Continental Casualty Co. v. American Fidelity & Casualty Co.

MERCER, District Judge.

The complaint herein alleges that plaintiff and defendant are corporations organized and existing under the laws of different States and the amount in controversy is in excess of $3,000, exclusive of interest and costs.

Prior to April 8,1952, defendant issued a certain policy of insurance, the insured being T. A. Kirchner of Lohman, Missouri. The policy of insurance was in full force and effect on April 8, 1952, is marked Exhibit A and made a part of the complaint. Prior to April 8, 1952, plaintiff had issued a certain policy of insurance, the insured being Southwest…