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AM. CAS. CO. OF REDDING v. EAGLE STAR INS.

No. 14800.

568 P.2d 731 (1977)

AMERICAN CASUALTY COMPANY OF REDDING, PENNSYLVANIA and Larry Richards Silver, Administrator of the Estate of Lynn Richards Silver, Deceased, Plaintiffs and Respondents, v. EAGLE STAR INSURANCE COMPANY, LTD., Defendant and Appellant.

Supreme Court of Utah.

August 8, 1977.

Attorney(s) appearing for the Case

Glenn C. Hanni and Roger H. Bullock of Strong & Hanni, Salt Lake City, for defendant and appellant.

H. Wayne Wadsworth and Tim D. Dunn of Hanson, Wadsworth & Russon, Salt Lake City, for plaintiffs and respondents.

CROCKETT, Justice:

Plaintiff American Casualty Co. sought a declaratory judgment that it has no liability in a plane crash which killed four persons, because its policy covering the plane's passengers is secondary and that the policy issued by defendant Eagle Star Insurance Co. is the primary coverage. The defense asserted by Eagle Star was that its policy excepted coverage of "operating the aircraft under the terms of any agreement which provides any remuneration...

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