Continental Casualty Co. v. Aetna Casualty & Surety Co.

DUMBAULD, District Judge.

The following facts are established by stipulation of the parties:

Plaintiff (hereinafter called Continental) settled, by payment of $6000 to one Roger W. Barr, a lawsuit in this Court arising out of a collision between a car driven by Barr and a car driven by one John Hoffman. Hoffman had rented the car he was driving from Avis Rent-A-Car, for whom Continental was the insurance carrier. The policy also contained an “other insurance” clause.1

Hoffman’s wife happened to own a car, as to which defendant (herein called Aetna) was the insurance carrier. Under this policy a…