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WESTERN WORLD INS. v. HARFORD MUT. INS. CO.

Nos. 85-1239(L), 85-1403.

784 F.2d 558 (1986)

WESTERN WORLD INSURANCE COMPANY, INC., Appellant, v. HARFORD MUTUAL INSURANCE COMPANY, A Body Corporate, Appellee. WESTERN WORLD INSURANCE COMPANY, INC., Appellee, v. HARFORD MUTUAL INSURANCE COMPANY, A Body Corporate, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1986.

Attorney(s) appearing for the Case

Howard J. Schulman, for appellant/cross-appellee.

Michael P. May (Michael P. May; Frank X. Gallagher, on brief) for appellee/cross-appellant.

Before PHILLIPS and SNEEDEN, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

TERRENCE WILLIAM BOYLE, District Judge:

Both parties to this suit for declaratory judgment provided insurance to the City of Cambridge, Maryland and its police employees. However, the risks insured, while similar, were not identical. Nor was the coverage identical. Under certain facts, an insurer would have primary coverage, while under other facts, its coverage would be excess.

Western World Insurance Company, Inc. (hereinafter "Western") commenced this suit...

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