INDIANA INSURANCE CO. v. AMERICAN UNDERWRITERS, INC.

No. 1273S260.

304 N.E.2d 783 (1973)

INDIANA INSURANCE COMPANY, an Indiana Corporation, Plaintiff-Appellant, v. AMERICAN UNDERWRITERS, INC., Attorney-in-Fact for the Subscribers at American Interinsurance Exchange, Defendant-Appellee.

Supreme Court of Indiana.

December 26, 1973.


Attorney(s) appearing for the Case

Daniel F. Kelly, Steven R. Crist, Tinkham, Beckman, Kelly & Singleton, Hammond, for plaintiff-appellant.

James K. Whitaker, Hammond, Marshall E. Williams, Indianapolis, for defendant-appellee.


OPINION ON PETITION TO TRANSFER

HUNTER, Justice.

This cause arises upon petition to transfer and presents an issue of first impression for our determination. The controversy is between two insurance companies as to which is primarily liable for a tortfeasor's property damage. That is to say, when a tortfeasor comes within the coverage of two insurance policies, one policy providing an "escape" clause when there is other insurance against loss, and the other...

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