Legal Opinion

Employers Mutual Liability Insurance v. Pacific Indemnity Co.

California Court of Appeal

Decided January 27, 1959No. Civ. 17903PublishedCited by 73 opinions

1Opinion of the CourtBray, J.

Defendant Pacific Indemnity Company appeals from a judgment in favor of plaintiff for $17,500 and $446.78 attorneys’ fees, both amounts to bear interest from specified dates. Defendant purports to appeal from the order denying new trial. *

Questions Presented

Is plaintiff entitled to recover under the doctrine of subrogation? Corollary thereto is the question of whether defendant’s policy covered the accident and plaintiff’s did not.

Facts

The action grows out of an injury sustained by one Borges who was employed as a truck driver by McLaughlin Draying Company. The truck and driver were rented to…

2Cases cited14 opinions

  1. Continental Casualty Co. v. Phoenix Construction Co.California Supreme Court · 1956
  2. Bituminous Cas. Corp. v. Travelers Ins. Co.District Court, D. Minnesota · 1954
  3. Commercial Standard Ins. Co. v. American Employers Ins. CoCourt of Appeals for the Sixth Circuit · 1954
  4. Stein v. SimpsonCalifornia Supreme Court · 1951
  5. United States Guarantee Co. v. Liberty Mutual InsuranceWisconsin Supreme Court · 1943

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

3Cited by73 opinions

  1. Continental Casualty Co. v. Zurich InsuranceCalifornia Supreme Court · 1961
  2. Caito v. United California BankCalifornia Supreme Court · 1978
  3. Santa Anita Consol., Inc. v. CommissionerUnited States Tax Court · 1968
  4. Employers Casualty Co. v. Transport Insurance Co.Texas Supreme Court · 1969
  5. Walters v. American InsuranceCalifornia Court of Appeal · 1960

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

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