RYDER v. SCHAPIRO & WHITEHOUSE

[No. 64, September Term, 1970.]

259 Md. 354 (1970)

269 A.2d 826

RYDER TRUCK RENTAL, INC. ET AL. v. SCHAPIRO & WHITEHOUSE, INC., TO ITS OWN USE AND TO THE USE OF AETNA CASUALTY & SURETY COMPANY

Court of Appeals of Maryland.

Motion for rehearing filed November 17, 1970.

Denied and opinion modified December 7, 1970.


Attorney(s) appearing for the Case

Thomas G. Andrew, with whom were Rollins, Smalkin, Weston & Andrew on the brief, for appellants.

H. Thomas Howell and David M. Buffington, with whom were Semmes, Bowen & Semmes on the brief, for appellees.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, SINGLEY and SMITH, JJ.


McWILLIAMS, J., delivered the opinion of the Court.

The facts of this case are simple enough but they are extraordinary in that they are apt never to recur in quite the same configuration. They have brought into conflict the virtually identical "other insurance" clauses of two automobile liability insurance policies. The generally accepted notion that this is a somewhat untidy area of the law has been succinctly articulated in 38 Minn.L.Rev. 838, 841 (1954):

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