CITIZENS CO. v. ALLIED MUT. INS. CO.

[No. 273, September Term, 1957.]

217 Md. 494 (1958)

144 A.2d 73

CITIZENS CASUALTY COMPANY OF NEW YORK v. ALLIED MUTUAL INSURANCE COMPANY (Two Appeals In One Record)

Court of Appeals of Maryland.

Motion for rehearing or, in the alternative, for modification of opinion filed June 27, 1958.

Motion for rehearing denied, motion for modification granted, and opinion modified July 17, 1958.


Attorney(s) appearing for the Case

David K. Ebersole, Jr., and Leroy W. Preston, for appellant.

Harrison L. Winter, with whom was Benjamin C. Howard on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


BRUNE, C.J., delivered the opinion of the Court.

This is a controversy between two insurance companies as to which of them should bear the loss, or whether they should bear equally the loss, resulting from an automobile accident. Each of them had issued an automobile insurance policy in substantially identical form affording personal injury and property damage liability coverage. While both policies were in force one Thomas Flynn, when driving an automobile owned...

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