John Deere Insurance Co. v. De Smet Insurance Co.

NEUMAN, Justice.

This appeal and two cross-appeals challenge the judgment entered by the district court in an action to declare the coverage obligations of three insurance companies following an automobile collision. The principal question is whether an “insured contract” was created between two of the defendants in the underlying litigation so as to alter application of the customary “other insurance” clauses contained in each policy. We conclude the “insured contract” provision applies, making two of the insurers “co-primary” carriers and requiring a prorated distribution of available…