Harrison State Bank v. United States Fidelity & Guaranty Co.

sitting in place of MR. JUSTICE STEWART, disqualified, delivered the opinion of the court.

This action arises out of two separate policies of burglary and robbery insurance, issued by the respective defendants to the plaintiff bank, each in the amount of $10,000, and each containing a provision that, if the assured carried other insurance covering the loss, the assured should not recover from the company a larger proportion of any such loss than the amount applicable thereto bears to the total amount of all valid and collectible insurance covering such loss. The policy of the National Surety…