Ohio Farmers Indemnity Co. v. Interinsurance Exchange

Defendant appeals from a declaratory judgment decreeing its liability, as insurer, to be primary and the liability of plaintiff, as insurer, to be secondary, under indemnity policies of insurance covering losses arising out of the same automobile accident.

Defendant issued an automobile liability policy to a Mrs. Place in which it agreed to defend and indemnify the persons insured thereby against loss “arising out of the . . . use” of a Lincoln automobile; and further agreed that the insured thereunder included the named insured, Mrs. Place, any other person “using” the Lincoln with her…