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U.S. FID. & GUAR. CO. v. AM. EMPLOYER'S INS. CO.

Docket No. 22696.

159 Cal.App.3d 277 (1984)

205 Cal. Rptr. 460

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff and Respondent, v. AMERICAN EMPLOYER'S INSURANCE COMPANY et al., Defendants and Appellants.

Court of Appeals of California, Third District.

August 17, 1984.

Attorney(s) appearing for the Case

COUNSEL

Cole, Cross, Turner & Culbreth, Cole, Cross & Culbreth and Stephen N. Cole for Defendants and Appellants.

Bolling, Walter & Gawthrop, Charlotte E. Hemker-Smith and George E. Murphy for Plaintiff and Respondent.

OPINION

CARR, J.

We are here presented with a familiar script. In American Employer's Ins. Co. v. Smith (1980) 105 Cal.App.3d 94 [163 Cal.Rptr. 649], we determined the trial court prejudicially erred in granting a nonsuit on a negligence cause of action on the basis the evidence showed the tortious conduct of Michael Smith, the only...

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