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AETNA CASUALTY & SURETY CO. v. CASUALTY CO.

No. 32752.

157 Ohio St. 385 (1952)

THE AETNA CASUALTY & SURETY CO., APPELLANT, v. THE BUCKEYE UNION CASUALTY CO., APPELLEE.

Supreme Court of Ohio.

Decided April 23, 1952.

Attorney(s) appearing for the Case

Messrs. McKeehan, Merrick, Arter & Stewart and Mr. C. M. Horn, for appellant.

Mr. Wm. M. Byrnes, Mr. W. A. Kane and Mr. Frank J. Kus, for appellee.

MIDDLETON, J.

As appears from the foregoing statement of facts both lower courts agreed upon the important fact that Butler's use of the Weaver Motor Company automobile was such as to create coverage of Butler by the Buckeye policy. The lower courts also agreed on the legal construction of the two policies, to wit, that the coverage of the Buckeye policy was primary and that of the Aetna policy was secondary. With that...

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