Legal Opinion

Olympic Insurance v. Employers Surplus Lines Insurance

California Court of Appeal

Decided December 8, 1981No. Civ. 46576PublishedCited by 76 opinions

1Opinion of the Court

Opinion

ANELLO, J. *

This is an appeal from a judgment in an action for declaratory relief. The question presented is whether the trial court erred in holding an excess insurer liable where the primary insurance has not been exhausted.

Plaintiff is the Olympic Insurance Company (hereinafter Olympic). In 1967, Olympic had a general insurance agency contract with Landseair under which Landseair was authorized to issue insurance on behalf of Olympic.

On July 19, 1967, there was a midair collision near Hendersonville, North Carolina, between a commercial airliner and a Cessna aircraft owned by…

2Cases cited14 opinions

  1. Continental Casualty Co. v. Phoenix Construction Co.California Supreme Court · 1956
  2. Continental Casualty Co. v. Zurich InsuranceCalifornia Supreme Court · 1961
  3. Signal Companies, Inc. v. Harbor Ins. Co.California Supreme Court · 1980
  4. Lamb v. Belt Casualty Co.California Court of Appeal · 1935
  5. Peerless Casualty Co. v. Continental Casualty Co.California Court of Appeal · 1956

9 more not listed; retrieve them via the Exa API.

3Cited by76 opinions

  1. American Physicians Insurance Exchange v. GarciaTexas Supreme Court · 1994
  2. Montrose Chemical Corp. v. Admiral InsuranceCalifornia Supreme Court · 1995
  3. Fireman's Fund Insurance v. Maryland Casualty Co.California Court of Appeal · 1998
  4. Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.California Court of Appeal · 2000
  5. Empire Fire and Marine Ins. Co. v. Liberty Mutual Ins. Co.Court of Special Appeals of Maryland · 1997

71 more not listed; retrieve them via the Exa API.

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