Citizens Insurance Co. of New Jersey v. Kansas City Commercial Cartage, Inc.

This is an insurers action, under a motor truck cargo insurance policy, for money had and received. Insured filed its answer and with leave, impleaded its employee fidelity insurer. Judgment was for plaintiff insurer against insured and for insured against the fidelity insurer. Insured and fidelity insurer appeal. The judgment is reversed with directions.

The matter was tried to the court upon pleadings, documents and stipulations with such evidence being supplemented by testimony of the parties. Neither party requested written findings of fact or conclusions of law, and absent such request,…