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FEDERAL MUT. INS. CO. v. SCHERMERHORN

Docket No. 22320.

238 Cal.App.2d 900 (1965)

48 Cal. Rptr. 325

FEDERAL MUTUAL INSURANCE COMPANY, Plaintiff and Respondent, v. PATRICIA SCHERMERHORN, Defendant and Appellant.

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

December 21, 1965.

Attorney(s) appearing for the Case

Bernard Allard, Francis T. Cornish, John B. Brethauer, and Spellacy, Spellacy, Lano & Anderson for Defendant and Appellant.

Sedgwick, Detert, Moran & Arnold and Raymond J. Arata, Jr., for Plaintiff and Respondent.

AGEE, J.

On December 10, 1960, Patricia Schermerhorn was injured as the result of a collision between an automobile in which she was riding and a pickup truck owned and being driven by George Matsunaga.

Allstate Insurance Company had issued a public liability insurance policy on another vehicle owned by Matsunaga but there was no existing policy on the pickup truck. However, the Allstate policy contained a "temporary substitute" clause and Matsunaga claimed...

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