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ROSSMOOR SANITATION, INC. v. PYLON, INC.

Docket No. L.A. 30356.

13 Cal.3d 622 (1975)

532 P.2d 97

119 Cal. Rptr. 449

ROSSMOOR SANITATION, INC., Plaintiff and Respondent, v. PYLON, INC., Defendant and Appellant; UNITED STATES FIRE INSURANCE COMPANY, Defendant, Cross-complainant and Appellant; INSURANCE COMPANY OF NORTH AMERICA, Cross-defendant and Respondent.

Supreme Court of California. In Bank.

February 28, 1975.

Attorney(s) appearing for the Case

COUNSEL

Jarrett, Woodhead & Brandt, Frank W. Woodhead and Ellis J. Horvitz for Defendant and Appellant and for Defendant, Cross-complainant and Appellant.

W. Mike McCray for Plaintiff and Respondent and for Cross-defendant and Respondent.

OPINION

MOSK, J.

Pylon, Inc., (Pylon) and its insurance carrier, United States Fire Insurance Company (U.S. Fire), appeal from a judgment indemnifying Rossmoor Sanitation, Inc., (Rossmoor) for certain sums expended in satisfying a prior tort judgment, and finding Rossmoor's carrier, Insurance Company of North America (INA), not liable under an insurance policy. Appellants contend that Rossmoor was actively negligent as a matter of...

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