FIREMAN'S FUND INDEMNITY v. PRUDENTIAL ASSURANCE

Docket No. 18822.

192 Cal.App.2d 492 (1961)

13 Cal. Rptr. 629

FIREMAN'S FUND INDEMNITY COMPANY (a Corporation), Respondent, v. PRUDENTIAL ASSURANCE COMPANY, LTD., Appellant.

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

May 25, 1961.


Attorney(s) appearing for the Case

Hardin, Fletcher, Cook & Hayes and Cyril Viadro for Appellant.

Bronson, Bronson & McKinnon for Respondent.


TOBRINER, J.

We face here the increasingly common situation in which two insurance companies, both having insured against the loss incurred, attempt to construe their respective policies in such a manner that each claims non-liability until all other insurers have paid their full coverage toward the loss. In this instance, however, we fail to find in appellant's policy a clear provision that "other insurance," including respondent's, be paid in advance of appellant...

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