Aetna Insurance Co. v. Monte

Order This case is controlled by California state law. On the basis of the following cases, decided after the decision below -- viz., Herzog v. National American Ins. Co. (1970) 2 Cal.3d 192, 84 Cal.Rptr. 705, 465 P.2d 841; Huggins v. Yoshiwara (1970) 2 Cal.3d 200, 84 Cal.Rptr. 709, 465 P.2d 845, and State Farm Mutual Automobile Ins. Co. v. Allstate Ins. Co. (1970) 9 Cal.App.3d 508, 88 Cal.Rptr. 246. It is ordered that the judgment is reversed and the case remanded with instructions to the district court to enter a judgment in favor of appellant.