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STATE FARM MUTUAL AUTO. INS. CO. v. AMERICAN CAS. CO.

No. 20123.

433 F.2d 1007 (1970)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Plaintiff-Appellee, v. AMERICAN CASUALTY COMPANY, a Pennsylvania Corporation, Defendant-Appellant, The Fidelity and Casualty Company of New York, a New York Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

November 10, 1970.

Attorney(s) appearing for the Case

Frank X. Cronan, Minneapolis, Minn., for appellant.

James D. Cahill, Moorhead, Minn., for appellee.

Before GIBSON and LAY, Circuit Judges, and HUNTER, District Judge.

LAY, Circuit Judge.

A declaratory judgment action was initiated by State Farm Insurance Company to determine the rights and liabilities of three insurers on their respective contracts of insurance. The issue on appeal is whether American Casualty's policy provides only excess coverage. The district court held that the policies of State Farm and American Casualty are both primary insurance and ordered pro rata contribution. State Farm Mut. Auto Ins. Co. v. Northwest...

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