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NABISCO, INC. v. TRANSPORT INDEMNITY CO.

Docket No. 30260.

143 Cal.App.3d 831 (1983)

192 Cal. Rptr. 207

NABISCO, INC., Cross-complainant and Appellant, v. TRANSPORT INDEMNITY COMPANY, Cross-defendant and Respondent.

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

June 10, 1983.

Attorney(s) appearing for the Case

COUNSEL

Kinkle, Rodiger & Spriggs and Michael J. Logan for Cross-complainant and Appellant.

Cotkin, Collins, Kolts & Franscell, Raphael Cotkin, Larry W. Mitchell and Georgette Renata Herget for Cross-defendant and Respondent.

OPINION

CROSBY, J.

In this insurance coverage dispute, the superior court found a Transport Indemnity Company (Transport) policy to be excess and hence no duty by Transport to defend or indemnify Nabisco Company (Nabisco) in an underlying personal injury action.

The facts are essentially undisputed. James J. Berry, a Trans-Con Lines truck driver, sued Nabisco for personal injuries...

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