Barlett v. CNA

I concur with the majority’s decision that Barlett’s award should be modified to $275,000 and that Transportation is bound by the settlement agreement between Barlett and Singh, the underinsured tortfeasor. But I dissent from the majority’s decision mandating proration between tire policies of Transportation and American Family.

Ambiguity

The trial court determined that the pro rata clause under the “other insurance” clause was ambiguous. Transportation’s pro rata clause reads as follows:

“When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or…