Rocky Mountain Fire & Casualty Co. v. Allstate Insurance

JACOBSON, Judge.

Our original opinion in this matter was entered on September 10, 1970 (13 Ariz. App. 31, 474 P.2d 38). In that opinion we held that the proper method of determining the liability of two insurance companies where each had an “other insurance” clause in their policies (one being an escape clause and the other an excess clause) was on a pro rata basis based upon the maximum loss each insurer would suffer in the absence of any other insurance.

Motions for rehearing have been filed in this matter which raised two basic issues:(1) The legal reasoning upon which we based our pro rata…