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EXCHANGE CAS. & SURETY CO. v. SCOTT

Docket No. L.A. 25886.

56 Cal.2d 613 (1961)

364 P.2d 833

15 Cal. Rptr. 897

EXCHANGE CASUALTY AND SURETY COMPANY, Plaintiff and Respondent, v. JAMES L. SCOTT, Defendant and Respondent; HAROLD LEE GARMON, Cross-complainant and Respondent; STANDARD ACCIDENT INSURANCE COMPANY et al., Cross-defendants and Appellants.

Supreme Court of California. In Bank.

September 18, 1961.

Attorney(s) appearing for the Case

Gilbert, Thompson & Kelly and Jean Wunderlich for Cross-defendants and Appellants.

Sanford I. Carter and Gerson Marks for Cross-complainant and Respondent.

WHITE, J.

This is an appeal by Standard Accident Insurance Company (hereinafter referred to as Standard), and its insured, O.N. Sebastian, from a declaratory judgment which determined that Standard is primarily liable for the payment of a judgment for personal injuries which judgment was obtained by Harold Lee Garmon against James L. Scott, who was the operator of an automobile owned by Sebastian and which caused the above injuries to Garmon.

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