INSURANCE CO. OF NORTH AMERICA v. ATLANTIC NATIONAL INS. CO.

No. 9086.

329 F.2d 769 (1964)

INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. ATLANTIC NATIONAL INSURANCE COMPANY and Peter H. Ros, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 24, 1964.


Attorney(s) appearing for the Case

Aubrey R. Bowles, Jr., Richmond, Va. (Jack N. Herod, and Bowles, Boyd & Herod, Richmond, Va., on brief), for appellant.

Edward A. Marks, Jr., Richmond, Va. (Sands, Anderson, Marks & Clarke, Richmond, Va., on brief), for appellees.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and R. D. WATKINS, District Judge.


BOREMAN, Circuit Judge:

Which of two insurance policies affords primary coverage with respect to damages claimed to have been sustained in an automobile accident, and which of the two insurance companies involved herein is obligated to defend one Peter H. Ros, the operator of the sole automobile involved in the accident? These are the questions to be determined on this appeal. This action for declaratory judgment was brought by Insurance Company of North America,...

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