Legal Opinion

Pacific Indemnity Co. v. Truck Insurance Exchange

California Court of Appeal

Decided March 17, 1969No. Civ. 11796PublishedCited by 30 opinions

1Opinion of the CourtFriedman, J.

This action is one of the recurring contests in which one insurance carrier seeks to shift all or part of a loss to another. The trial court entered a declaratory judgment prorating the loss,- two-thirds to be borne by plaintiff Pacific Indemnity Company, one-third by defendant The Truck Insurance- Exchange. The latter appeals. (In this opinion The Truck Insurance Exchange will be referred to as “Exchange.”)

Carl Stapleton was a truck broker and garage owner. At the request of contractors he would supply owner-drivers of dump trucks, receiving a commission on the truck rentals. As a service to…

2Cases cited17 opinions

  1. Wildman v. Government Employees Insurance Co.California Supreme Court · 1957
  2. Red Ball Motor Freight, Inc. v. Employers Mut. Liability Ins. Co. Of WisconsinCourt of Appeals for the Fifth Circuit · 1951
  3. Schmidt v. Utilities Insurance Co.Supreme Court of Missouri · 1944
  4. National Union F. Ins. Co. of Pittsburgh, Pa. v. BruecksNebraska Supreme Court · 1966
  5. Madden v. Farm Bureau Mutual Automobile Ins.Ohio Court of Appeals · 1948

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

3Cited by30 opinions

  1. Continental Casualty Company v. City of Richmond, a Municipal Corporation, and Mead Reinsurance Company, Defendant-In-Intervention-AppellantCourt of Appeals for the Ninth Circuit · 1985
  2. Fibreboard Corp. v. Hartford Accident & Indemnity Co.California Court of Appeal · 1993
  3. Acceptance Insurance v. Syufy EnterprisesCalifornia Court of Appeal · 1999
  4. Hartford Accident & Indemnity Co. v. Civil Service Employees InsuranceCalifornia Court of Appeal · 1973
  5. INT'L BUSINESS MACHINES CORP. v. Truck Ins. Exch.California Supreme Court · 1970

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

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