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MORGAN v. BADGER MUTUAL INSURANCE COMPANY

Civ. A. No. 965.

192 F.Supp. 249 (1961)

Claud B. MORGAN, Plaintiff, v. BADGER MUTUAL INSURANCE COMPANY, a Wisconsin Corporation, The Jefferson Mutuals, an Alabama Corporation, Iowa Mutual Insurance Company, an Iowa Corporation, The Yorkshire Insurance Company of New York, a New York Corporation, The Commercial Union Fire Insurance Company of New York, a New York Corporation, The London Assurance, a New York Corporation, and The Travelers Indemnity Company, a Connecticut Corporation, Defendants.

United States District Court N. D. Florida, Pensacola Division.

February 28, 1961.

Attorney(s) appearing for the Case

James W. Middleton, Ft. Walton Beach, Fla., Mallory E. Horne, Tallahassee, Fla., for plaintiff.

E. Dixie Beggs, of Yonge, Beggs & Lane, Pensacola, Fla., Keen, O'Kelley & Spitz, Tallahassee, Fla., for defendants.

CARSWELL, Chief Judge.

This action was instituted by plaintiff to recover sums of money under policies of insurance on property destroyed by fire. After protracted litigation, the jury returned a verdict in behalf of plaintiff in the amount of $75,842.22.

The various insurers now raise the question of apportionment of liability between them. There are two groups of insurers, one comprised of mutual companies and the other comprised of stock companies. Each...

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