National General Insurance v. United Services Automobile Ass'n

Johnson, Judge.

In this appeal, we are asked to address the following issue: Which of two uninsured motorist insurance carriers is primarily responsible for providing coverage to an injured person insured under both policies, when the carrier that received the injured insured’s premiums claims its policy provides coverage only in excess of any other available uninsured motorist coverage, and where the policies were issued in different states. For the reasons set out below, we affirm the trial court’s ruling that the uninsured motorist carrier which received the injured insured’s premiums is…