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Effect Of Conflicting "Other Insurance" Claims, Anon
Effect Of Conflicting "Other Insurance" Claims, Anon
Washington Law Review
Plaintiff was seriously injured when an automobile in which she was a passenger collided with another vehicle driven by an uninsured operator. Plaintiff's automobile insurance policy, issued by defendant, included coverage for bodily injury caused by uninsured motorists. Excluded from this coverage, however, was injury sustained in an automobile not owned by plaintiff, if the owner had "similar insurance" which was available to plaintiff. The owner of the automobile in which plaintiff was injured also carried insurance containing uninsured motorist coverage. His policy, written by another company, contained a pro rata clause restricting coverage to a proportionate share of the …
Limiting Language In Unpurchased Policy Provision Does Not Apply To Purchased Coverage, Anon
Limiting Language In Unpurchased Policy Provision Does Not Apply To Purchased Coverage, Anon
Washington Law Review
Plaintiff's truck was hit by a tree felled by a logging contractor's employee. The truck was insured by defendant insurance company against damage due to collision, but plaintiff had not purchased coverage under the comprehensive clause. Plaintiff brought an action against defendant insurer for the loss. Relying upon the language of the unpurchased comprehensive clause, the trial court held that defendant's liability did not include loss caused by falling objects. On appeal, a divided Montana Supreme Court reversed. Held: When an insured does not purchase one form of insurance coverage, the insurer may not deny liability on the basis that …