Smith v. Jim Dandy Markets, Inc.

ÓRR, Circuit Judge.

Appellants, Central Manufacturers’ Mutual Insurance Company, hereinafter called Central, and Indiana Lumbermen’s Mutual Insurance Company, hereinafter called Indiana, some time during the year 1946, issued insurance policies to appellee Jim Dandy Markets, Inc., on a building known as the Atlantic Market. Appellee Fireman’s Fund Insurance Company, a corporation, hereinafter referred to as Fireman’s, issued a policy to appellant Smith on the same building. The building was subsequently destroyed by fire. Uncertainty existing as to their liability, if any, Central and Indiana…