No. 17026
Opinion
Opinion
291 F.2d 132 David R. GILKEY, Charles Gilkey, David Satre, Jesse Lewis and Claude Verrall, d/b/a Chapman Manufacturing Company, a Partnership, and General Insurance Company of America, a Corporation, Appellants, v. ANDREW WEIR INSURANCE COMPANY, Ltd., British Commercial Insurance Company, Ltd., City General Insurance Company, Ltd., Saskatchewan Government Insurance Office, and John Fawcett, individually and as the representative of Underwriters at Lloyd's, London, England, subscribing certificates L.M. 2109 and L.M. 2110, Appellees. No. 17026. United States Court of Appeals Ninth Circuit. March 30, 1961. Rehearing Denied May 5, 1961. Philip S. Brooke, Spokane, Wash., for appellant; Hamblen, Gilbert & Brooke, Spokane, Wash., of counsel. Benjamin H. Kizer, Spokane, Wash., for appellee; Graves, Kizer & Gaiser, Spokane, Wash. (Kizer, Gaiser, Stoeve, Layman & Powell, Spokane, Wash., on rehearing), of counsel. Before POPE, HAMLEY and MERRILL, Circuit Judges. MERRILL, Circuit Judge. 1 Two insurance companies, each having insured the same risk, here litigate the question as to which is obliged to assume the liability of the insured for damages resulting from an automobile…