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TRANSAMERICA INS. CO. v. DIPLOMAT PARKING CORP.

No. 5864.

282 A.2d 564 (1971)

TRANSAMERICA INSURANCE COMPANY, a corporation, Appellant, v. DIPLOMAT PARKING CORPORATION, a District of Columbia corporation, and Aetna Insurance Company, a corporation, Appellees.

District of Columbia Court of Appeals.

Decided October 20, 1971.

Attorney(s) appearing for the Case

Gerald W. Farquhar, Washington, D. C., with whom James F. Bromley, Washington, D. C., was on the brief, for appellant.

David F. Grimaldi, New York City, for appellee Aetna Insurance Co.

Morton N. Goldstein, Washington, D. C., entered an appearance for appellee Diplomat Parking Corp.

Before KERN, NEBEKER and REILLY, Associate Judges.

NEBEKER, Associate Judge:

This appeal from the grant of summary judgment for plaintiff-appellee Diplomat Parking Corporation (hereinafter "Diplomat") presents the novel question of liability as between two successive insurers when the time of loss cannot be established precisely enough to fall within one of the successive coverage periods. The trial court ruled that both insurance companies were jointly liable and that existence of "other insurance" clauses in the...

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