BURNS v. AMERICAN CASUALTY COMPANY (1954)

District Court of Appeal, First District, Division 1, California.

Emmett R. BURNS and Alyce Burns, Plaintiffs and Appellants, v. AMERICAN CASUALTY COMPANY, a corporation, et al., Defendants and Respondents.

No. 15850.

Decided: May 28, 1954

Respondents' petition for a rehearing is granted and the parties are requested to file points and authorities on the following questions:

1. Where the insurance policies purchased by the county cover risks for which the company legally could be liable as well as those for which it legally could not be liable, may the courts inquire into the divisibility of the premiums or is the amount of premiums a matter entirely within the control of the board of supervisors?

2. If such inquiry may be made, upon whom lies the burden of proof to show severability?

Appellants are granted 15 days to file their points and authorities, and respondents 15 days thereafter to reply; cause then to be submitted.

PER CURIAM.

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