Legal Opinion
New Amsterdam Casualty Co. v. Fidelity
Court of Appeals for the Ninth Circuit
Decided August 30, 1968No. Nos. 21730, 21730-APublishedCited by 1 opinion
1Opinion of the Court
ELY, Circuit Judge:
This appeal presents a question of the interrelation of two insurance policies, one issued by New Amsterdam Casualty Company [New Amsterdam] and the other by Fidelity & Casualty Company of New York [Fidelity]. Both policies contain provisions that certain coverage shall be the “excess over any other valid and collectible insurance.” In an action for declaratory relief, New Amsterdam contended that the applicable provisions of the two policies were mutually repugnant and that therefore the obligation of the parties should be prorated in accordance with their respective…
2Cases cited2 opinions
- Edgar T. Weekes v. Atlantic National Ins. Co., California State Auto Association v. Atlantic National Ins. Co., Atlantic National Ins. Co. v. California State Auto AssociationCourt of Appeals for the Ninth Circuit · 1966
- St. Paul Mercury Insurance Company v. The Underwriters at Lloyds of London, EnglandCourt of Appeals for the Tenth Circuit · 1966