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NATIONAL UNION INS. CO. v. PHOENIX ASSUR. CO. OF N. Y.

No. 6607.

301 A.2d 222 (1973)

NATIONAL UNION INSURANCE COMPANY OF WASHINGTON, D. C., a corporation, Appellant, v. PHOENIX ASSURANCE COMPANY OF NEW YORK, a corporation, Appellee.

District of Columbia Court of Appeals.

Decided March 6, 1973.

Attorney(s) appearing for the Case

Wade J. Gallagher, Washington, D. C., for appellant.

Thomas H. McGrail, Washington, D. C., for appellee.

Before GALLAGHER, NEBEKER and HARRIS, Associate Judges.

NEBEKER, Associate Judge:

This appeal from an order of dismissal presents the question whether a primary insurance carrier must pay the costs of the defense of a claim expended by an excess insurance carrier after the primary carrier has paid its total possible liability under its policy. Counsel for the primary carrier deposited that amount with the clerk of the court and withdrew, leaving the excess carrier to defend the action. After considering the arguments of...

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