Legal Opinion

Truck Insurance Exchange v. American Surety Co. of New York

Court of Appeals for the Ninth Circuit

Decided November 13, 1964No. 19137PublishedCited by 5 opinions

1Opinion of the Court

MERRILL, Circuit Judge.

The parties to this diversity action are insurers of persons whom a California state court has adjudged liable for damages in wrongful death resulting from their negligent conduct. The issue here is as to the apportionment of the California court judgment between the insurers. Defense of the state action was tendered to Truck Insurance Exchange and was refused. Defense was then undertaken by American Surety Company. Judgment in the sum of $73,561.56 was paid by American which then brought this action to secure a declaration of the proper apportionment between the…

2Cases cited3 opinions

  1. Continental Casualty Co. v. Zurich InsuranceCalifornia Supreme Court · 1961
  2. Globe Indemnity Co. v. Universal Underwriters InsuranceCalifornia Court of Appeal · 1962
  3. Thomson v. CasaudoumecqCalifornia Court of Appeal · 1962

3Cited by5 opinions

  1. Sandoval v. ChenowethArizona Supreme Court · 1967
  2. Farmers Insurance Exchange v. Joe Rose, Jr., and Veronica Rose, His WifeCourt of Appeals for the Ninth Circuit · 1969
  3. Joseph W. Schoenfeld and Gladys W. Schoenfeld, and Cross-Appellees v. R. E. Neher and Marjorie E. Neher, and Cross-AppellantsCourt of Appeals for the Tenth Circuit · 1972
  4. Sandoval v. ChenowethArizona Supreme Court · 1967
  5. Truck Insurance Exchange, an Interinsurance Exchange, a Corporation v. American Surety Company of New York, a Corporation, American Surety Company of New York, a Corporation v. Truck Insurance Exchange, an Interinsurance Exchange, a CorporationCourt of Appeals for the Ninth Circuit · 1964

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