FIREMEN'S INS. CO. OF NEWARK, NEW JERSEY v. CONTINENTAL CAS. CO.

Docket No. 18439.

170 Cal.App.2d 698 (1959)

339 P.2d 602

FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY (a Corporation), Appellant, v. CONTINENTAL CASUALTY COMPANY (a Corporation), Respondent.

Court of Appeals of California, First District, Division One.

May 27, 1959.


Attorney(s) appearing for the Case

Bledsoe, Smith, Cathcart, Johnson & Phelps and Wilbur J. Russ for Appellant.

Carroll, Davis, Burdick & McDonough and J.D. Burdick for Respondent.


BRAY, P.J.

Plaintiff appeals on an agreed statement from judgment in favor of defendant.

QUESTION PRESENTED

Whether the insurance policies in question create a situation of "prorate" coverage or primary and "excess" coverage.

FACTS

Plaintiff issued an "Automobile Policy" providing liability insurance coverage for trucks registered in the name of Robert Sloan, in the amounts of $25,000 for each person, $50,000 each occurrence, for...

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