Legal Opinion
Fireman's Fund Insurance Company v. Underwriters Insurance Company
Court of Appeals for the Tenth Circuit
Decided March 4, 1968No. 9675_1PublishedCited by 8 opinions
1Opinion of the Court
HICKEY, Circuit Judge.
A declaratory judgment based upon the interpretation of a pro rata provision in conflict with an excess provision contained in the “other insurance” clauses of the respective policies was given ap-pellee, Underwriters, against appellant, Fireman’s Fund. The trial court absolved Underwriters who had the excess provision 1 and assessed liability against Fireman’s Fund who had a pro rata provision. 2 The appeal is grounded upon the claim that the trial court’s conclusions of law are erroneous.
The issue presented is whether both insurance carriers, on a risk, must prorate a…
2Cases cited5 opinions
- Oregon Auto. Ins. Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1952
- Citizens Mutual Automobile Insurance Company, a Michigan Corporation v. Liberty Mutual Insurance Company, a Massachusetts CorporationCourt of Appeals for the Sixth Circuit · 1959
- McFarland v. Chicago Exp., Inc. Hartford Accident & Indemnity Co. v. American Employers' Ins. Co. Of Boston, MassCourt of Appeals for the Seventh Circuit · 1952
- Employers' Liability Assurance Corporation, Limited, a Corporation v. Fireman's Fund Insurance Group, a CorporationCourt of Appeals for the D.C. Circuit · 1958
- St. Paul Mercury Insurance Company v. The Underwriters at Lloyds of London, EnglandCourt of Appeals for the Tenth Circuit · 1966
3Cited by8 opinions
- State Farm Mutual Automobile Insurance Company, a Corporation v. Mid-Continent Casualty Company, a CorporationCourt of Appeals for the Tenth Circuit · 1975
- Union Indemnity Insurance v. Certain Underwriters at Lloyd'sDistrict Court, S.D. Texas · 1985
- Thurston National Insurance Co. v. Zurich Insurance Co.District Court, W.D. Oklahoma · 1969
- P. L. Kanter Agency, Inc. v. Continental Casualty Co.Court of Appeals for the Sixth Circuit · 1976
- Early Settlers Insurance v. Selected Risks InsuranceDistrict Court, E.D. Virginia · 1972
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