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PACIFIC INDEM. CO. v. TRUCK INS. EXCH.

Docket No. 11796.

270 Cal.App.2d 700 (1969)

76 Cal. Rptr. 281

PACIFIC INDEMNITY COMPANY, Plaintiff and Respondent, v. TRUCK INSURANCE EXCHANGE, Defendant and Appellant.

Court of Appeals of California, Third District.

March 17, 1969.

Attorney(s) appearing for the Case

A. John Merlo for Defendant and Appellant.

Rich, Fuidge, Dawson, Marsh & Morris and Charles C. Dawson, Jr., for Plaintiff and Respondent.

FRIEDMAN, J.

This action is one of the recurring contests in which one insurance carrier seeks to shift all or part of a loss to another. The trial court entered a declaratory judgment prorating the loss, two-thirds to be borne by plaintiff Pacific Indemnity Company, one-third by defendant The Truck Insurance Exchange. The latter appeals. (In this opinion The Truck Insurance Exchange will be referred to as "Exchange...

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