Government Employees Insurance v. Carrier Insurance

Opinion

HANSON, J.

Introduction

This is a case of first impression involving a dispute between two insurance companies in a declaratory relief action as to whose policy is primary and whose is excess. One of the insurance policies covers the owner (lessor) of a passenger-type automobile, rented on a daily basis, while the other policy covers the operator (lessee).

The Case

Plaintiff-respondents Government Employees Insurance Company (hereinafter Government Employees) and Henri Waksberg (hereinafter Waksberg) filed a “Complaint for Declaratory Relief,” naming as defendants, appellants Carrier…