TRANSPORT INDEM. CO. v. CAROLINA CAS. INS.

No. 15660.

133 Ariz. 395 (1982)

652 P.2d 134

TRANSPORT INDEMNITY COMPANY, a corporation; and Illinois-California Express, Inc., a corporation, Plaintiffs-Appellees and Cross-Appellants, v. CAROLINA CASUALTY INSURANCE COMPANY, a corporation, Defendant-Appellant and Cross-Appellee.

Supreme Court of Arizona, In Division.

September 30, 1982.


Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Thomas A. McGuire, Phoenix, for plaintiffs-appellees and cross-appellants.

Gust, Rosenfeld, Divelbess & Henderson by Richard A. Segal, Phoenix, for defendant-appellant and cross-appellee.


FELDMAN, Justice.

This is an appeal from a judgment rendered on cross motions for summary judgment in a declaratory judgment action between two insurance carriers, both of whom claim to be excess insurers against the loss arising out of a vehicular accident. The court below ruled that both the insurers were "primarily liable" for any damages. Both insurers appealed, each claiming to be excess and urging that the other is primary. We have jurisdiction pursuant to Rule...

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