United States v. Great American Indemnity Co. Of New York

The United States of America owns a building in a place known as Coulee Dam, Washington. This building is occupied in part by agencies of the United States and the remaining part is leased to various tenants. The United States did not undertake to procure public liability insurance on the entire building but instead required each individual tenant to secure insurance for the particular space occupied. The United States was named as an assured in the various policies.

The building is divided into two separate parts by a solid brick wall. On the east side of the wall is a grocery store insured by appellee Great American Indemnity Company of New York, hereafter Great American. Located in the west portion of the building on a mezzanine floor entirely separate from the stores occupying the street floor is a beauty shop insured by appellee General Accident Fire and Life Assurance Corporation, hereafter General Accident. Also located on the mezzanine floor were offices occupied by the United States Park Service and a lodge hall.

Roosevelt Avenue is situated on the north side of the building and the sidewalks thereon are used by the general public and patrons and occupants of the stores…