State Farm Mutual Automobile Insurance v. Bogart

FELDMAN, Justice.

We have accepted review of this declaratory judgment action to resolve an apparent conflict between “other insurance” clauses in two insurance policies. One policy contains an “escape clause” and the other an “excess clause.” Both policies are potentially applicable to the same occurrence. The trial court granted summary judgment and ordered that the loss be prorated between the two insurers in the proportion which the limits of each policy bear to the total available limits. The court of appeals reversed, giving full effect to the escape clause. State Farm Mutual Auto…