Canal Insurance Company v. J. C. Thornton and James S. Given, D/B/A Kemp Coldwell & Company

TUTTLE, Circuit Judge.

This is an appeal from a judgment in favor of an insurance broker, found by the court to be the agent for the insurance company, for reimbursement from his principal for payments made to an insured which resulted in the insured’s obtaining the benefit of the insurance protection at a rate lower than the legal rate in the State of Texas.

Appellees, under circumstances in which they acted for both the insured bus line and the insurance company, obtained for the bus company a public liability insurance policy from Canal, dated November 15, 1955, on the quotation by Ben High,…