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EMPLOYERS REINSURANCE CORP. v. AMERICAN FIDELITY & C. CO.

Nos. 11814, 11895.

196 F.Supp. 553 (1959)

EMPLOYERS REINSURANCE CORPORATION, a corporation, Plaintiff, v. AMERICAN FIDELITY AND CASUALTY COMPANY, Inc., a corporation, Defendant. AMERICAN FIDELITY AND CASUALTY COMPANY, Inc., a corporation, Plaintiff, v. EMPLOYERS REINSURANCE CORPORATION, a corporation, Defendant.

United States District Court W. D. Missouri, W. D.

December 14, 1959.

Attorney(s) appearing for the Case

Douglas Stripp, Watson, Ess, Marshall & Enggas, Kansas City, Mo., for Employers Reinsurance Corp.

Sebree, Shook, Hardy & Ottman, Kansas City, Mo., for American Fidelity and Cas. Co., Inc.

RIDGE, Chief Judge.

The issue in each of the above cases is whether Employers Reinsurance Corporation (hereinafter referred to as "Employers" or the "Reinsurer") is liable to American Fidelity and Casualty Company, Inc., (hereinafter called "American" or the "Reinsured") under applicable reinsurance treaties, for amounts paid by American in excess of primary policy limits stated in two policies of liability insurance issued...

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