Joe Fleming v. Pan American Fire & Casualty Company

RIVES, Circuit Judge:

Pan American Fire & Casualty Company (hereafter Pan Am) appeals from an $8,586.00 judgment in favor of Joe Fleming (hereafter Fleming), entered after a trial by the court without a jury. We affirm.

On May 21, 1971, Pan Am issued its motor-truck cargo policy to the named insured William W. Hazelwood (hereafter Hazelwood). It was stipulated that the policy was in force and effect on June 12, 1971, when one of the covered vehicles was involved in an accident. The consequent loss is the subject of this suit.

On appeal, the only substantial question presented is whether Fleming…