Legal Opinion

Firemen's Insurance v. Continental Casualty Co.

California Court of Appeal

Decided May 27, 1959No. Civ. 18439PublishedCited by 17 opinions

1Opinion of the CourtBray, P. J.

Plaintiff appeals on an agreed statement from judgment in favor of defendant.

Question Presented

Whether the insurance policies in question create a situation of “prorate” coverage or primary and “excess” coverage.

Facts

Plaintiff issued an “Automobile Policy” providing liability insurance coverage for trucks registered in the name of Robert Sloan, in the amounts of $25,000 for each person, $50,000 each occurrence, for bodily injury, and $10,000 for property damage. Persons operating these trucks were additional assureds. Sloan leased a truck to Nesbitt Fruit Products, Inc. Buchanan, who was…

2Cases cited17 opinions

  1. Oregon Auto. Ins. Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1952
  2. Pauline v. FitzpatrickCalifornia Court of Appeal · 1957
  3. United Services Automobile Association v. James B. RussomCourt of Appeals for the Fifth Circuit · 1957
  4. American Surety Company of New York, and Cross-Appellee v. Canal Insurance Company, and Cross-AppellantCourt of Appeals for the Fourth Circuit · 1958
  5. American Automobile Insurance v. Seaboard Surety Co.California Court of Appeal · 1957

12 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Universal Underwriters Insurance Company, a Corporation, and Masid Chevrolet-Oldsmobile & Cadillac, Inc., a Corporation v. Amelia G. Wagner, Henry Gritzfeld, Jr., and Katherine G. Linder, as Executors of the Estate of Henry Gritzfeld, Deceased, and Western Mutual Insurance Company, a Corporation, Western Mutual Insurance Company, a Corporation v. Universal Underwriters Insurance Company, a Corporation, Masid Chevrolet-Oldsmobile & Cadillac, Inc., a Corporation, and Amelia G. Wagner, Henry Gritzfeld, Jr., and Katherine G. Linder, as Executors of the Estate of Henry Gritzfeld, DeceasedCourt of Appeals for the Eighth Circuit · 1966
  2. Burcham v. Farmers Insurance ExchangeSupreme Court of Iowa · 1963
  3. Citizens Mutual Automobile Insurance Company, a Michigan Corporation v. Liberty Mutual Insurance Company, a Massachusetts CorporationCourt of Appeals for the Sixth Circuit · 1959
  4. Turpin v. Standard Reliance Insurance Co.(Mutual)Nebraska Supreme Court · 1959
  5. Miller v. Allstate InsuranceWashington Supreme Court · 1965

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API