Law Commons^™

Primary Liability Under Excess Insurance Clauses: State Capital Insurance Co. V. Mutual Assurance Society Against Fire On Buildings, Paul K. Campsen

University of Richmond Law Review

Insurance is a contract by which the insurer undertakes to indemnify the insured against loss arising from the destruction of or injury to the insured's property as a result of certain causes. By its very nature an indemnity contract obligates the insurer to reimburse the insured for the amount of actual loss suffered by the insured. There are, however, situations in which multiple insurance coverage exists; that is, the same interest and the same risk are insured at the same time by more than one separate and distinct insurance contract, each presumably liable in the event of loss of or …