Argonaut Insurance v. Transport Indemnity Co.

I dissent.

The majority essentially hold that the liability for the injuries to Nance, the truck driver, and for the costs of defense in resisting his claim should be prorated as follows: one-sixth to Transport, the insurer of Willig, the common carrier, and five-sixths to Argonaut, the insurer of Steelform, the construction company. To reach this result, the majority conclude that the so-called P.U.C. endorsement to the Transport policy has no effect upon its “excess coverage” or “other insurance” clause. Since the policies of both Argonaut and Transport have effective “other insurance”…