General Insurance Company of America, and Interveners, Sherman L. Jones v. Western Fire & Casualty Company

John R. BROWN, Circuit Judge.

Here, as now elsewhére so common, e. g., Continental Casualty Co. v. Suttenfield, 5 Cir., 236 F.2d 433, 435; United Services Automobile Ass’n v. Russom, 5 Cir., 241 F.2d 296, the traffic accident has become a mere incident to the vigorous battle between insurers, each of whom by a full use of fluid inconsistent defenses reminiscent of c immon law pleading disclaim all liability but then assert that another, not it, is liable. Maryland Casualty Co. v. Southern Farm Bureau Casualty Ins. Co., 5 Cir., 235 F.2d 679.

In that struggle, substituted for the forgotten…