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AMERICAN AUTO. INS. CO. v. TRANSPORT INDEM. CO.

Docket No. 19610.

200 Cal.App.2d 543 (1962)

19 Cal. Rptr. 558

AMERICAN AUTOMOBILE INSURANCE COMPANY, Plaintiff and Appellant, v. TRANSPORT INDEMNITY COMPANY et al., Defendants and Appellants.

Court of Appeals of California, First District, Division One.

February 21, 1962.

Attorney(s) appearing for the Case

Bledsoe, Smith, Cathcart, Johnson & Phelps and R.S. Cathcart for Plaintiff and Appellant.

Clark, Heafey & Martin for Defendants and Appellants.

TOBRINER, J.

This is another of the plethora of cases coming to the courts in which insurance carriers engage in an internecine struggle to determine which carrier should discharge a loss under primary and "excess" coverage provisions. In entering the legalistic labyrinth of the provisions of the policies, we are not favored, like Theseus, with any thread of principle; each case apparently presents a particularistic and unique problem. The obscurities of overlapping...

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