Heritage Mutual Insurance v. St. Paul Mercury Insurance

This case involves the interpretation of "other insurance” clauses which require multiple insurers to bear proportionate liability for insured losses. Because we conclude that the pro rata share between insurers is based on the stated policy limits rather than the coverage available to the insured through "stacking,” we affirm.

Heritage Mutual Insurance Company (Heritage) and St. Paul Mercury Insurance Company (St. Paul) had issued automobile liability policies to Darryl Zernia. Heritage insured four of Zernia’s vehicles under one policy, with uninsured motorist coverage of $25,000 per person.…