Court of Appeals for the Sixth Circuit October 8, 1965, 16123 (Harry Fertick and Glens Falls Insurance Company v. Continental Casualty Company)

WEICK, Chief Judge.

This appeal is from an order of the District Court granting defendant’s motion for summary judgment and dismissing the complaint.

The action by Fertick and Glens Falls was to recover $22,500 against Continental, which amount was one-half of the sum paid by Glens Falls in settlement of a wrongful death claim against its insured, Fertick, arising out of, a collision between two