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GUARANTY NATIONAL INS. CO. v. AMERICAN MOTORISTS INS. CO.

No. 91-35836.

981 F.2d 1108 (1992)

GUARANTY NATIONAL INSURANCE COMPANY, a Colorado corporation, Plaintiff-Appellee, v. AMERICAN MOTORISTS INSURANCE COMPANY, an Illinois corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 18, 1992.

Attorney(s) appearing for the Case

Gary M. Zadick, Ugrin, Alexander, Zadick & Slovak, Great Falls, MT, for defendant-appellant.

Kenneth R. Dyrud, and Jeannie Young, Church, Harris, Johnson & Williams, Great Falls, MT, for plaintiff-appellee.

Before: POOLE, FERNANDEZ, and T.G. NELSON, Circuit Judges.

The decision of the district court reported at 758 F.Supp. 1394 (D.Mont.1991) is affirmed, with this limitation.

One of the parties to the case in the district court was Harbor Insurance Company, which had issued a true excess insurance policy. In this setting, a true excess policy is one which is specifically intended to only come into play when the limits of the underlying coverage are exhausted. It is issued in anticipation...

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