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CONSOL. INS. CO. v. BANKERS INS. CO.

[No. 468, September Term, 1965.]

244 Md. 392 (1966)

223 A.2d 594

CONSOLIDATED MUTUAL INSURANCE COMPANY v. BANKERS INSURANCE COMPANY OF PENNSYLVANIA

Court of Appeals of Maryland.

Decided November 14, 1966.

Attorney(s) appearing for the Case

Samuel S. Smalkin, with whom were Rollins, Smalkin, Weston & Andrew; Ginsberg & Ginsberg and Hyman Ginsberg on the brief, for appellant.

Wilbur D. Preston, Jr., with whom were Due, Whiteford, Taylor & Preston on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.

BARNES, J., delivered the opinion of the Court.

This case, a "conflict between fortuitous adversaries,"1 involves the relative liabilities of two insurance companies to defend suits and pay any judgment recovered against their insured, who had been involved in a highway collision.

The material facts have been stipulated by the parties. The appellee, Bankers Insurance Company of Pennsylvania (Bankers), issued a policy of liability...

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