The Traders and General Insurance Company v. McKinley Z. Mallitz, McKinley Z. Mallitz v. The Bankers Fire and Marine Insurance Company

RIVES, Circuit Judge.

Mallitz sued Bankers Fire and Marine Insurance Company and The Traders and General Insurance Co. under the Direct Action Statute of Louisiana, LSA-R.S. 22:655, on account of injuries received when he was struck by an automobile driven by Eugene Earl Anderson. It is conceded that Anderson’s negligence was the proximate cause of the accident and that Mallitz was not contributorily negligent.

Mallitz was struck by a 1957 Oldsmobile. At the time, both that automobile and a 1957 Pontiac were owned by Anderson and his wife. Traders and General had previously issued a policy of…