Continental Casualty Co. v. Employers Mutual Casualty Co.

The opinion of the court was delivered by

Schroeder, J.:

This is an action between two insurance companies to settle their differences arising out of an automobile accident which killed Robert M. Kiker resulting in claims against his estate. The Continental Casualty Company (plaintiff-appellant) contends that its insurance was excess, and that the Employers Mutual Casualty Company (defendant-appellee) was primarily liable. The trial court held to the contrary.

The question presented on appeal is whether the 1962 Chevrolet station wagon under the stipulated facts replaced the 1958 Cadillac…