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· 5/13/1968

State Farm Mut. Auto. Ins. Co. v. General Mut. Ins. Co.

Citations

  • 210 So. 2d 688
  • 282 Ala. 212
  • 1968 Ala. LEXIS 1111

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding excess clauses were “mutually repugnant” and loss should be apportioned between insurers
  • affirming trial court’s award of prejudgment interest in contribution action, with interest due from date plaintiff insurance company made settlement payment
  • two carriers with mutually repugnant \other insurance\ provisions must contribute in proportion to their respective limits of liability
  • whatever equitable rights a partner may have in a vehicle licensed to the partnership, he is not the owner of the vehicle within the meaning of an automobile liability policy
  • where two insurance policies covering the same risk contain excess-insurance clauses, the clauses are mutually repugnant and the loss should be apportioned between the two insurers on a prorata basis
  • where two insurance policies covering the same risk contain excess-insurance clauses, the clauses are mutually repugnant and the loss should be apportioned between the two insurers on a pro rata basis

Source: CourtListener parenthetical corpus (CC0).

Judges: Livingston, Lawson, Simpson, Merrill, Coleman, Harwood

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.