Fruehauf Trailer Co. v. Stuyvesant Insurance

NORDBYE, Chief Judge.

This proceeding was instituted by plaintiff under an automobile policy including collision insurance issued by defendant and covering plaintiff’s interest as loss payee in nine Fruehauf trailers, one of which is the trailer involved herein. Thereafter, defendant filed a third-party complaint against defendant Rite-way and one D. A. Gaumnitz seeking recovery from the third parties of all or part of any recovery which plaintiff might obtain from the defendant. Later, the third-party action against Gaumnitz was dismissed. The Riteway Carriers interposed an answer to the…