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HARTFORD, ETC., INDEM. v. SELECTED RISKS INDEM. CO.

65 N.J. Super. 328 (1961)

167 A.2d 821

HARTFORD ACCIDENT AND INDEMNITY COMPANY, A CORPORATION OF THE STATE OF CONNECTICUT, PLAINTIFF-RESPONDENT, v. SELECTED RISKS INDEMNITY COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 1961.

Attorney(s) appearing for the Case

Mr. Sidney P. McCord, Jr. argued the cause for plaintiff-respondent (Messrs. Starr, Summerill & Davis, attorneys; Mr. Edgar E. Moss, II, of counsel).

Mr. Philip C. Daniels, Jr. argued the cause for defendant-appellant (Messrs. Keown & Daniels, attorneys; Mr. Daniels, on the brief).

Before Judges CONFORD, FREUND and KILKENNY.

The opinion of the court was delivered by FREUND, J.A.D.

The issue presented for our determination is whether two concededly "excess" automobile liability carriers, called upon to contribute to a settlement or judgment, should share equally rather than in proportion to their respective applicable policy limits.

Plaintiff instituted a declaratory judgment action seeking resolution of this question in its favor. Its demand for relief was granted, by way of a...

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