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Judicial Scrutiny of 'Other Insurance' Clauses

By Spiro K. Bantis and Daniel W. London
February 27, 2014

Editor's note: Last month, we began discussion of the ways in which different jurisdictions treat “excess insurance” clauses ' those that describe an insurer's obligation when more than one insurance policy provides coverage to the same insured for the same loss.

Jurisdictions that follow the majority approach seek first to harmonize the competing clauses, with a policy containing a “pro-rata” clause paying its entire limit when faced with an “excess” or “escape” clause. See, e.g., Couch on Insurance 3D, ” 219:51 & 219.56 (West 2012). And, in general, a policy with an “escape” clause pays its entire limit first when the other insurer's policy has an “excess” clause. Couch on Insurance 3D, ' 219:53.

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