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AMERICAN RELIABLE INS. CO. v. ST. PAUL FIRE & M. INS. CO.

No. 9912.

110 N.W.2d 344 (1961)

AMERICAN RELIABLE INSURANCE COMPANY, Plaintiff and Respondent, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

September 1, 1961.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant.

Vail & Swanson, Sioux Falls, for plaintiff and respondent.

ROBERTS, Judge.

Plaintiff American Reliable Insurance Company seeks contribution from defendant St. Paul Fire & Marine Insurance Company on account of settlement of a loss for which plaintiff claims both insurers were liable. The policy issued by each of these companies contained a pro rata liability clause. The case was submitted upon an agreed statement of facts. The decision below went for the plaintiff. Defendant...

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