VANCE TRUCKING COMPANY v. CANAL INSURANCE COMPANY

Civ. A. No. 4364.

251 F.Supp. 93 (1966)

VANCE TRUCKING COMPANY, Inc., and Allstate Insurance Company, Plaintiffs, v. CANAL INSURANCE COMPANY, Forrester Trucking Company, Inc., Herbert Francis Carson, Scott Carson, Susan Carson, David Carson, Christopher Carson, and Robert H. Carson, Administrator of the Estate of Annie Barbara Carson, Deceased, Defendants.

United States District Court D. South Carolina, Greenville Division.

March 9, 1966.


Attorney(s) appearing for the Case

W. Francis Marion and O. G. Calhoun, Jr., of Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S. C., for plaintiffs.

Wesley M. Walker and O. Doyle Martin, of Leatherwood, Walker, Todd & Mann, Greenville, S. C., for defendants Canal Ins. Co. and Forrester Trucking Co., Inc.

David L. Freeman, and C. T. Wyche, of Wyche, Burgess, Freeman & Parham, Greenville, S. C., for defendants Carson.


HEMPHILL, District Judge.

Plaintiff and defendant insurance companies, by cross motions and oppositions to same, seek this forum's decision as to their individual or collective obligations to their named insured and others. The determination is whether coverage is properly classified as primary and secondary—excess, or concurrent and pro rata. Allstate insists that Canal has primary responsibility protecting both Vance, Allstate's insured, and Forrester, Canal...

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