New Amsterdam Casualty Co., a Corporation v. Fidelity and Casualty Company of New York, a Corporation, Fidelity and Casualty Company of New York, a Corporation v. New Amsterdam Casualty Co., a Corporation

400 F.2d 237 NEW AMSTERDAM CASUALTY CO., a corporation, Appellant, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, Appellee. FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, Appellant, v. NEW AMSTERDAM CASUALTY CO., a corporation, Appellee. No. 21730. No. 21730-A. United States Court of Appeals Ninth Circuit. August 30, 1968. Robert E. Stoeve (argued), Brian B. Kennedy (argued), of Turner, Stoeve & Layman, Spokane, Wash., for appellant. Joseph J. Rekofke (argued), of Cashatt, Williams, Connelly & Rekofke, Spokane, Wash., for appellee. Before CHAMBERS, JERTBERG, and ELY, Circuit Judges. ELY, Circuit Judge: 1 This appeal presents a question of the interrelation of two insurance policies, one issued by New Amsterdam Casualty Company [New Amsterdam] and the other by Fidelity & Casualty Company of New York [Fidelity]. Both policies contain provisions that certain coverage shall be the "excess over any other valid and collectible insurance." In an action for declaratory relief, New Amsterdam contended that the applicable provisions of the two policies were mutually repugnant and that therefore the obligation of the parties should be prorated in…