Legal Opinion
Continental Casualty Co. v. Hartford Accident & Indemnity Co.
California Court of Appeal
Decided February 18, 1963No. Civ. 20211PublishedCited by 24 opinions
1Opinion of the CourtSullivan, J.
We are presented with a question of liability deriving from conflicting “other insurance” clauses in three separately issued policies of automobile liability insurance. Briefly stated, our inquiry is as to whether in the instance at hand the policies provided for primary or excess insurance. We have concluded that the matter before us is governed by our decision in Athey v. Netherlands Ins. Co. (1962) 200 Cal.App.2d 10 [19 Cal.Rptr. 89], that all three policies provide for excess insurance and that the judgment appealed from should be reversed.
The parties have agreed upon the facts. One James…
2Cases cited11 opinions
- Continental Casualty Co. v. Phoenix Construction Co.California Supreme Court · 1956
- Estate of PlattCalifornia Supreme Court · 1942
- Continental Casualty Co. v. Zurich InsuranceCalifornia Supreme Court · 1961
- Oregon Auto. Ins. Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1952
- American Automobile Insurance Co. v. Republic Indemnity Co.California Supreme Court · 1959
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Argonaut Insurance v. Transport Indemnity Co.California Supreme Court · 1972
- Olympic Insurance v. Employers Surplus Lines InsuranceCalifornia Court of Appeal · 1981
- General Insurance v. Truck Insurance ExchangeCalifornia Court of Appeal · 1966
- Hardware Mutual Casualty Co. v. Home Indemnity Co.California Court of Appeal · 1966
- Travelers Indemnity Co. v. SwearingerCalifornia Court of Appeal · 1985
19 more not listed; retrieve them via the Exa API.