Bituminous Casualty Corporation, Appellant-Appellee v. Aetna Insurance Company, Appellant-Appellee, Helen L. Kletzker, Appellant-Appellee

STEPHENSON, Circuit Judge.

This is an appeal from a declaratory judgment entered by the trial court holding that two fire insurance policies were in effect on the date the insured suffered a fire loss and therefore each of the insurance companies involved must pay 50% of the loss sustained by the insured. The insured’s right to recover and the amount of her loss are not in dispute. 1 The trial court’s Findings of Fact and Conclusions of Law are reported at 332 F.Supp. 860 (E.D.Mo. 1971). The material facts are not in dispute and are fully set out in the reported opinion. They will be repeated…