DUFFY, District Judge.
Plaintiff is a common carrier engaged in the transportation of property by motor vehicle. Defendant is an insurance company writing automobile public liability insurance. In August, 1936, defendant issued such a policy of insurance to plaintiff with a policy limit of $45,000 for the death or bodily injury to a single individual. Such risks were re-insured by another insurance company in all amounts in excess of $5,000.
In July, 1937...
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