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LUMBERMENS MUT. CAS. CO. v. CONTINENTAL CAS. CO.

Nos. 292, 293.

387 P.2d 104 (1963)

LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. CONTINENTAL CASUALTY COMPANY, Ernest P. LaBate, Administrator of the Estate of Juanita Jelich, Deceased, Carl Ahlstrom and Mary Carolyn Ahlstrom, Appellees. CONTINENTAL CASUALTY COMPANY, Appellant, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Ernest P. LaBate, Administrator of the Estate of Juanita Jelich, Deceased, Carl Ahlstrom and Mary Carolyn Ahlstrom, Appellees.

Supreme Court of Alaska.

Rehearing Denied December 4, 1963.

Attorney(s) appearing for the Case

James J. Delaney, Jr., Plummer, Delaney & Wiles, Anchorage, for appellant, Lumbermens Mut. Cas. Co.

David H. Thorsness, Hughes, Thorsness & Lowe, Anchorage, for appellant, Continental Cas. Co.

Russell Arnett, Anchorage, for appellees, Carl Ahlstrom and Mary Carolyn Ahlstrom.

Robert E. Hammond, Anchorage, for appellee, administrator of the estate of Juanita Jelich, deceased.

NESBETT, C.J., and DIMOND and AREND, JJ.

NESBETT, Chief Justice.

These cross-appeals grow out of a dispute over the proper construction and application of certain provisions in automobile liability insurance policies issued by Lumbermens Mutual Casualty Company, hereinafter referred to as Lumbermens and Continental Casualty Company, referred to herein as Continental.

The basic facts are that Juanita Jelich, wife of the named insured, George Jelich, was killed while driving an automobile that had...

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