Massachusetts Bonding & Ins. v. Preferred Automobile Ins.

SIMONS, Circuit Judge.

The appellant, an insurer of an automobile truck and trailer used and operated by Franklin Brothers, paid the judgment rendered in an Ohio Court against the insured for damages suffered by the decedent of the Ohio plaintiff in a highway collision. As assignee of Franklin Brothers, and asserting rights to subrogation, it sought contribution from the appellee by reason of the fact that the latter was likewise an insurer of the vehicles through a policy issued to one Combs who held the record title, and each insurance contract provided that in event of concurrent insurance…