Commercial Standard Ins. Co. v. Rhode Island Ins. Co

STRUM, Circuit Judge.

The purpose of this suit, instituted by appellant against appellee, is to determine which of these companies is liable for an admitted loss sustained when the Morgan Mill Baptist Church, near Stepihenville, Texas, was destroyed by fire on the morning of September 6, 1948. It is conceded that one of them is liable, but each insists that the other’s policy, and not its own, was in effect when the fire occurred.

The facts are that a local insurance agency, known as King & Braeuer, represented both plaintiff 'and defendant in the Stephen- ville area. Acting through this local…