BURNS v. AMERICAN CASUALTY CO.

Docket No. 15850.

127 Cal.App.2d 198 (1954)

273 P.2d 605

EMMETT R. BURNS et al., Appellants, v. AMERICAN CASUALTY COMPANY (a Corporation) et al., Respondents.

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

August 19, 1954.


Attorney(s) appearing for the Case

Edward A. Friend for Appellants.

Bronson, Bronson & McKinnon for Respondents.

Edmund G. Brown, Attorney General, and Harold B. Haas, Deputy Attorney General, Amici Curiae on behalf of Respondents.


BRAY, J.

In a taxpayers' suit for recovery of insurance premiums paid by the county of Santa Clara, plaintiffs appeal from a summary judgment in favor of defendants.

PRINCIPAL QUESTIONS PRESENTED

1. Do insurance policies covering a county hospital's liability for malpractice, mistake, error or negligence, cover liability under section 53051, Government Code?

2. Was a summary judgment proper where premiums paid by the county were for insurance...

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