SAFECO INSURANCE CO. v. INS. CO. OF N. AMER.


522 S.W.2d 867 (1975)

SAFECO INSURANCE COMPANY, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Appellee.

Supreme Court of Tennessee.

April 28, 1975.


Attorney(s) appearing for the Case

Max D. Lucas, Jr., Kirkpatrick & Lucas, Memphis, for appellant.

Thomas F. Johnston, Armstrong, Allen, Braden, Goodman, McBride & Prewitt, Memphis, for appellee.


OPINION

HENRY, Justice.

In this action between two insurance companies, the question presented for determination is whether clauses appearing in the respective policies should be construed so as to require proration, or whether one provides basic and primary coverage and the other secondary or excess.

The Circuit Judge sustained a motion for judgment on the pleadings, holding that appellee's policy "is obviously an excess policy known in the trade...

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