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OHIO CASUALTY INS. CO. v. STATE FARM MUT. AUTO. INS. CO.

511 S.W.2d 671 (1974)

OHIO CASUALTY INSURANCE COMPANY, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

Court of Appeals of Kentucky.

June 14, 1974.

Attorney(s) appearing for the Case

H. Jefferson Herbert, Jr., Wilson, Herbert, Garmon & Gillenwater, Glasgow, for appellant.

Benjamin L. Dickinson, Richardson, Barrickman & Dickinson, Glasgow, for appellee.

STEINFELD, Justice.

This action sought a declaration of rights to resolve a dispute between two insurance companies as to which one should defend and indemnify H. C. James with respect to an automoible accident. The facts being undisputed, counsel for the parties aided the trial court and this court by filing a "Stipulation of Facts," which in pertinent part is as follows:

"1. On October 7, 1971 H. C. James left his automobile with McCoy Motor Company for...

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