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STATE FARM MUT. AUTO. INS. CO. v. ALLSTATE INS. CO.

Docket No. 12167.

9 Cal.App.3d 508 (1970)

88 Cal. Rptr. 246

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, Cross-defendant and Respondent, v. ALLSTATE INSURANCE COMPANY et al., Defendants, Cross-complainants and Appellants; HOWARD T. ALSBURY et al., Defendants, Cross-defendants and Respondents; DEAN R. WIEMKEN et al., Defendants, Cross-complainants and Respondents; JACK D. ROSE, Cross-defendant and Respondent.

Court of Appeals of California, Third District.

July 9, 1970.

Attorney(s) appearing for the Case

COUNSEL

McDonald & Donahue, James E. Donahue, Eugene W. Saeltzer, Douglas B. McDonald, Cyril Viadro, Johnson, Davies & Greve and Claire Greve for Defendants, Cross-complainants and Appellants.

Rich, Fuidge, Dawson, Marsh & Morris and Charles Dawson for Plaintiff, Cross-defendant and Respondent.

Carlton & Asbill, Daniel Carlton, Carlton and Borchard, Gary C. Borchard, Fitzwilliam, Memering, Stumbos & DeMers, T.D. Bolling, Rust, Hoffman & Mills and John S. Gilmore for Defendants, Cross-defendants and Respondents.

James F. Perley and Jere E. Hurley, Jr., for Defendants, Cross-complainants and Respondents.

No appearance for Cross-defendant and Respondent.

OPINION

FRIEDMAN, Acting P.J.

This is an appeal from a declaratory judgment determining the obligations of five insurance companies for the payment of personal injury judgments against Dean Wiemken. Another phase of the appeal involves an award of damages for breach of an insurer's obligation to defend.

In December 1965 Wiemken was the operator of a Christmas tree lot in Fremont...

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