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LIBERTY MUT. INS. CO. v. COLONIAL INS. CO.

Docket No. 26427.

8 Cal.App.3d 427 (1970)

87 Cal. Rptr. 348

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

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

June 1, 1970.

Attorney(s) appearing for the Case

COUNSEL

Carroll, Davis, Burdick & McDonough, Carroll, Burdick & McDonough and Richard B. McDonough for Plaintiff and Respondent.

Mullally & McCorkindale and Lawrence E. Mullally for Defendant and Appellant.

OPINION

AGEE, J.

In this declaratory relief action defendant, Colonial Insurance Company (hereafter "Colonial"), appeals from a judgment against it and in favor of plaintiff, Liberty Mutual Insurance Company (hereafter "Liberty"), based upon the holding that Colonial was the primary insurer and Liberty was only the excess insurer of the personal injury claim of one Johnson.

On December 17, 1962 Johnson drove a truckload of...

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