United States Fidelity & Guaranty Co. v. Nationwide Mutual Insurance

I cannot agree with the conclusions of the majority of the court in affirming the judgment of the trial court.

The action is one seeking a declaratory judgment of the rights and duties and their relation to the parties under two insurance policies, one issued by the plaintiff, United States Fidelity & G-uaranty Company, to Atlas Steel & Supply Company, the other issued to Ben Madvid by the defendant, Nationwide Mutual Insurance Company. The second amended petition of the plaintiff, in part, alleges that on or about November 20, 1954, it executed and delivered to the Atlas Steel & Supply…