PACIFIC INDEMNITY CO. v. LIBERTY MUTUAL INS. CO.

Docket No. 28148.

239 Cal.App.2d 346 (1966)

48 Cal. Rptr. 667

PACIFIC INDEMNITY COMPANY, Plaintiff and Respondent, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

January 13, 1966.


Attorney(s) appearing for the Case

Spray, Gould & Bowers for Defendant and Appellant.

Ball, Hunt & Hart and Clyde C. Beery for Plaintiff and Respondent.


KAUS, J.

Defendant, Liberty Mutual Insurance Company, appeals from a judgment to the effect that its policy covered the owner and the driver of a forklift as well as his employer and that, as between its policy and a policy issued by plaintiff, Pacific Indemnity Company, the former was primary and the latter excess.

On August 1, 1959, Don Carr Trucking Inc., (Carr) defendant's named insured, owned a Yale forklift which it had rented to Refiners Marketing Company...

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