INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB v. OHIO CAS. INS. CO.

Docket No. L.A. 26328.

58 Cal.2d 142 (1962)

373 P.2d 640

23 Cal. Rptr. 592

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, Plaintiff and Appellant, v. OHIO CASUALTY INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California. In Bank.

July 19, 1962.


Attorney(s) appearing for the Case

William J. Mansell and H. Thomas Ellerby for Plaintiff and Appellant.

Boccardo, Blum, Lull, Niland & Teerlink and Edward J. Niland as Amici Curiae on behalf of Plaintiff and Appellant.

Parker, Stanbury, McGee, Peckham & Garrett and Raymond G. Stanbury for Defendant and Respondent.

Sidney L. Weinstock, Weinstock, Anderson, Maloney & Chase, Smith & Wilson, Bronson, Bronson & McKinnon, McFarland & Ferdon and Berry, Davis, Channell & McNamara as Amici Curiae on behalf of Defendant and Respondent.


PETERS, J.

In this action between two insurance companies, the plaintiff, Interinsurance Exchange of the Automobile Club of Southern California (referred to hereafter as "Exchange"), appeals from a judgment on the pleadings in favor of defendant, Ohio Casualty Insurance Company (referred to hereafter as "Ohio").

The facts involved are as follows: Effective April 1, 1957, Ohio issued a one-year public liability automobile...

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