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CONTINENTAL INS. CO. v. EXCEL INS. CO.

541 S.W.2d 952 (1976)

CONTINENTAL INSURANCE COMPANY, Appellant-Defendant, v. EXCEL INSURANCE COMPANY, Appellee-Plaintiff.

Supreme Court of Tennessee.

October 12, 1976.

Attorney(s) appearing for the Case

William N. Groover, Knoxville, for appellant-defendant.

Louis C. Woolf, Knoxville, for appellee-plaintiff.

OPINION

HARBISON, Justice.

This is an action in which proration of alleged overlapping insurance coverage was sought by appellee Excel Insurance Company. The trial court allowed recovery, and this appeal ensued.

The facts of the case were stipulated in the trial court, and no testimony was offered by either party, other than that contained in the stipulation and in the exhibits thereto.

According...

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