Canadian Indemnity Company v. Republic Indemnity Company Of America

222 F.2d 601 CANADIAN INDEMNITY COMPANY and Harry C. Dow, doing business as Harry Dow Garage, Appellants, v. REPUBLIC INDEMNITY COMPANY of America, Elsie Arno, Nicholas Arno and Richard R. Stein, Appellees. No. 13882. United States Court of Appeals Ninth Circuit. March 25, 1955. Rehearing Denied May 31, 1955. DeForrest Home, Los Angeles, Cal., for appellants. Wyman & Finell, Beverly Hills, Cal., Harold J. Kendis, Louis A. Audet, Los Angeles, Cal., for appellee. Before POPE, FEE and CHAMBERS, Circuit Judges. POPE, Circuit Judge. 1 In this case Elsie Arno had a Willys automobile and appellee, Republic Indemnity Company, plaintiff below, had issued to her a policy of insurance covering public liability and property damage arising out of the operation of the Willys automobile. The same policy also provided similar protection for Mrs. Arno with respect to other private passenger automobiles while being operated temporarily by her as a substitute for the Willys, the insurance as to such substituted automobiles to be excess insurance over all other valid and collectible insurance available to Mrs. Arno. 2 On January 2, 1952, the Willys automobile was being repaired at the garage of…