INSURANCE CO. OF NO. AMER. v. FIREMAN'S FUND INS. CO.

No. 15797.

471 S.W.2d 878 (1971)

INSURANCE COMPANY OF NORTH AMERICA et al., Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied October 14, 1971.


Attorney(s) appearing for the Case

Finis E. Cowan, Houston, Baker & Botts, Houston, of counsel, for appellants.

Fulbright, Crooker & Jaworski, Newton Gresham, Rufus Wallingford, Houston, for appellee.


PEDEN, Justice.

Suit between insurers to determine their respective liability under their personal property insurance policies. Each policy contains an "other insurance" clause which provides that under certain circumstances its coverage is to be considered as excess insurance. Both insurers filed motions for summary judgment. The trial court granted that of the appellee and denied that of the appellant.

The parties entered into this stipulation in the trial...

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