BUCKEYE UNION INS. CO. v. STATE AUTO MUTL. INS. CO.

Nos. 76-599 and 76-604.

49 Ohio St. 2d 213 (1977)

THE BUCKEYE UNION INSURANCE COMPANY, APPELLEE AND APPELLANT, v. STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, APPELLANT AND APPELLEE. (Two cases.)

Supreme Court of Ohio.

Decided March 9, 1977.


Attorney(s) appearing for the Case

Messrs. Lane, Alton & Horst, Mr. Jack R. Alton and Mr. Thomas A. Dillon, for appellee and appellant.

Messrs. Gingher & Christensen and Mr. Bradley Hummel, for appellant and appellee.


WILLIAM B. BROWN, J.

The main issue raised by this cause is the effect to be given to two insurance policies covering the same risk and providing that their liability with regard to that risk shall be excess insurance over other valid, collectible insurance.

Buckeye proposes two reasons why State Auto should be primarily liable for the damages arising out of the Harrell accident. The first is that, "as a practical matter, the State Auto insured was responsible...

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