Fageol Truck & Coach Co. v. Pacific Indemnity Co.

MOORE, J., pro tem.

This appeal by Pacific Indemnity Company is from the same judgment as that affirmed by our decision this day filed (No. 16600, ante, p. 731 [117 Pac. (2d) 661]). Other points, however, raised by this appeal require separate consideration.

1. It is contended that the conditional judgment transforms appellant’s excess insurance to a suretyship for Detroit’s financial responsibility. Pacific argues that if it should be forced to satisfy the judgment and attempted, as subrogee, to enforce its judgment against Detroit, it would upon Detroit’s application be restrained from such…