OHIO FARMERS INDEM. CO. v. INTERINSURANCE EXCH.

Docket No. 8953.

266 Cal.App.2d 772 (1968)

72 Cal. Rptr. 269

OHIO FARMERS INDEMNITY COMPANY, Plaintiff and Respondent, v. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, Defendant and Appellant.

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

October 23, 1968.


Attorney(s) appearing for the Case

Gilbert, Thompson & Kelly, Everett W. Thompson and Jean Wunderlich for Defendant and Appellant.

Jarrett & Woodhead, Frank W. Woodhead and Henry F. Walker for Plaintiff and Respondent.


COUGHLIN, J.

Defendant appeals from a declaratory judgment decreeing its liability, as insurer, to be primary and the liability of plaintiff, as insurer, to be secondary, under indemnity policies of insurance covering losses arising out of the same automobile accident.

Defendant issued an automobile liability policy to a Mrs. Place in which it agreed to defend and indemnify the persons insured thereby against loss "arising out of the ... use" of a Lincoln...

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