Legal Opinion
State Farm Mutual Automobile Insurance v. American Casualty Co.
Court of Appeals for the Eighth Circuit
Decided November 10, 1970No. 20123PublishedCited by 8 opinions
1Opinion of the Court
LAY, Circuit Judge.
A declaratory judgment action was initiated by State Farm Insurance Company to determine the rights and liabilities of three insurers on their respective contracts of insurance. The issue on appeal is whether American Casualty’s policy provides only excess coverage. The district court held that the policies of State Farm and American Casualty are both primary insurance and ordered pro rata contribution. State Farm Mut. Auto Ins. Co. v. Northwest Leasing Corp., 299 F.Supp. 630 (D.N.D.1969). American Casualty appeals. We affirm.
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2Cases cited8 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- American Automobile Insurance Co. v. Republic Indemnity Co.California Supreme Court · 1959
- Citizens Mutual Automobile Insurance Company, a Michigan Corporation v. Liberty Mutual Insurance Company, a Massachusetts CorporationCourt of Appeals for the Sixth Circuit · 1959
- Travelers Indemnity Company, a Corporation v. National Indemnity CompanyCourt of Appeals for the Eighth Circuit · 1961
- National Surety Corporation v. Western Fire & Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1963
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. Widman Trucking & Excavating, Inc.Court of Appeals for the Seventh Circuit · 1980
- Houser v. GilbertNorth Dakota Supreme Court · 1986
- Harold A. Miller v. National Farmers Union Property And Casualty CompanyCourt of Appeals for the Eighth Circuit · 1973
- Miller v. National Farmers Union PropertyCourt of Appeals for the Eighth Circuit · 1972
- United States Fidelity & Guaranty Co. v. NewmanDistrict Court, D. Montana · 1979
3 more not listed; retrieve them via the Exa API.