Maryland Cas. Co. v. Neiman-Marcus Co.

HUTCHESON, Chief Judge.

The suit was against several insurers for the recovery of losses the insured had sustained. The complaint, alleging that the defendants named had investigated the loss suffered and had agreed that the amount claimed, $80,344.52 was correct, set forth a schedule 1 apportioning it among the defendants. It then went on to say: that defendant, Maryland Casualty Company, had taken the position that the damage to plaintiff’s property sued for was not the result of the perils insured against by it; that it was, therefore, not liable for any part of the loss; and that the other…