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AMERICAN AUTOMOBILE INS. CO. v. REPUBLIC INDEMNITY CO.

Docket No. L.A. 25367.

52 Cal.2d 507 (1959)

341 P.2d 675

AMERICAN AUTOMOBILE INSURANCE COMPANY (a Corporation), Respondent, v. REPUBLIC INDEMNITY COMPANY OF AMERICA (a Corporation), Appellant.

Supreme Court of California. In Bank.

July 8, 1959.

Attorney(s) appearing for the Case

Wyman & Finell and Marvin Finell for Appellant.

Bledsoe, Smith, Cathcart, Johnson & Phelps, Wilbur J. Russ, and Bronson, Bronson & McKinnon as Amici Curiae on behalf of Appellant.

Parker, Stanbury, Reese & McGee and Raymond G. Stanbury for Respondent.

Weinstock, Anderson, Maloney & Chase, Sidney L. Weinstock and John R. Maloney as Amici Curiae on behalf of Respondent.

GIBSON, C.J.

This is an appeal from a declaratory judgment determining the obligations of two insurance companies whose policies, respectively, were issued to the driver and the owner of an automobile involved in an accident. On March 27, 1956, John M. Steinberg, who was insured by American Automobile Insurance Company, was driving a car which, as a customer, he had borrowed from Max Barish, Inc., an automobile dealer and garage company insured by Republic Indemnity...

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