# Travelers Insurance v. Transport Indemnity Co.

> California Supreme Court · January 25, 1972 · 6 Cal. 3d 514

URL: https://www.frixlaw.com/law-library/cases/9844402

## Case

- **Full name:** TRAVELERS INSURANCE COMPANY Et Al., Plaintiffs and Respondents, v. TRANSPORT INDEMNITY COMPANY, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** January 25, 1972
- **Citations:** 6 Cal. 3d 514; 99 Cal. Rptr. 627; 492 P.2d 683; 1972 Cal. LEXIS 145
- **Precedential status:** Published
- **Opinion:** Dissent by Sullivan
- **Judges:** McComb, Sullivan
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9844402

## How later opinions describe it (automated extraction)

- holding that when two policies affording coverage each have clauses purporting to make their coverage excess if there is other insurance then each insurer will be proportionately liable based on coverage limits

## Opinion text

SULLIVAN, J
I dissent.
For the reasons set forth in my dissenting opinion in Argonaut Ins. Co. v. Transport Indem. Co., ante, p. 496 [ 99 Cal.Rptr. 617 , 492 P.2d 673 ], it is my opinion that Transport, which issued a policy containing P.U.C. Endorsement No. Ill to cover Signal’s motor vehicles, must bear *518 the entire loss on this claim. Therefore, I would affirm the judgment of the trial court.
Wright, C. J., and Peters, J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9844402. Public record. Not legal advice.