ALLSTATE INSURANCE CO. v. GENERAL FIRE AND CASUALTY CO.

Civ. A. Nos. 69-698, 69-2252.

348 F.Supp. 682 (1972)

ALLSTATE INSURANCE COMPANY v. GENERAL FIRE AND CASUALTY COMPANY. CLARK TRANSFER, INC., Plaintiff, v. TRANS COUNTRY VAN LINES, INC. Defendant.

United States District Court, E. D. Pennsylvania.

August 31, 1972.


Attorney(s) appearing for the Case

Edwin F. McCoy, LaBrum & Doak, Philadelphia, Pa., for plaintiff.

William R. Dimeling, Montgomery, McCracken, Walker & Rhodes, Philadelphia, Pa., for defendant.


MEMORANDUM OPINION AND ORDER

VAN ARTSDALEN, District Judge.

FACTS

Two related cases have been submitted for determination by the court without a jury as to liability. The basic issue for determination is which of two insurance carriers is the "primary" carrier and which is the "excess" carrier. The record consists of admissions in the pleadings and a stipulation of facts. None of the basic facts are in dispute. The following is a summary of the...

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