De Foor v. Northbrook Excess & Surplus Insurance

PRESIDING JUSTICE LINN

delivered the opinion of the court:

Plaintiff, property vendee, pursuant to a sales agreement that required him to insure the subject property for the benefit of the vendors, purchased a fire insurance policy from defendant insurer, listing as named insureds himself and the vendors. The policy contained an “Other Insurance” clause, limiting defendant’s liability to a pro rata share in the event the named insured procured other insurance. Unbeknownst to plaintiff, the property vendors purchased insurance on the subject property from two other insurance companies, whereon…