CONTINENTAL CAS. CO. v. HARTFORD ACC. & INDEM. CO.

Docket No. 20211.

213 Cal.App.2d 78 (1963)

28 Cal. Rptr. 606

CONTINENTAL CASUALTY COMPANY, Plaintiff and Appellant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY et al., Defendants and Respondents.

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

February 18, 1963.


Attorney(s) appearing for the Case

Carroll, Davis, Burdick & McDonough and J.D. Burdick for Plaintiff and Appellant.

Hadsell, Murman & Bishop, Bacon, Mundhenk, Stone & O'Brien, Herbert Chamberlin, Bishop, Murray & Barry and Michael J. Murray for Defendants and Respondents.


SULLIVAN, J.

We are presented with a question of liability deriving from conflicting "other insurance" clauses in three separately issued policies of automobile liability insurance. Briefly stated, our inquiry is as to whether in the instance at hand the policies provided for primary or excess insurance. We have concluded that the matter before us is governed by our decision in Athey v. Netherlands Ins. Co...

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