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OLYMPIC INS. CO. v. EMPLOYERS SURPLUS LINES INS.

Docket No. 46576.

126 Cal.App.3d 593 (1981)

178 Cal. Rptr. 908

OLYMPIC INSURANCE COMPANY, Plaintiff and Appellant, v. EMPLOYERS SURPLUS LINES INSURANCE COMPANY, Defendant and Appellant; RALPH ROKEBY-JOHNSON et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

December 8, 1981.

Attorney(s) appearing for the Case

COUNSEL

Popelka, Allard, McCowan & Jones, Philip R. McCowan and Michael G. Ackerman for Plaintiff and Appellant.

LaFollette, Johnson, Schroeter & De Haas, B.E. Atkisson and Alfred W. Gerisch, Jr., for Defendant and Appellant.

Hancock, Rothert & Bunshoft and Harlow P. Rothert for Defendants and Respondents.

OPINION

ANELLO, J.*

This is an appeal from a judgment in an action for declaratory relief. The question presented is whether the trial court erred in holding an excess insurer liable where the primary insurance has not been exhausted.

Plaintiff is the Olympic Insurance Company (hereinafter Olympic). In 1967, Olympic had a general insurance agency contract with Landseair under which Landseair was...

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