Empire Fire & Marine Insurance v. North Pacific Insurance

SUBSTITUTE OPINION THE COURT’S PRIOR OPINION DATED 06/23/95 IS HEREBY WITHDRAWN

SILAK, Justice.

This is an insurance coverage dispute. Losses from an auto collision were covered by two auto insurance policies, both of which contained “other insurance” clauses. The two companies that issued the policies contend the “other insurance” clause in their own, but not the other company’s policy, should be enforced, and that the other company’s policy should be considered the primary insurance.

I

BACKGROUND AND PROCEDURE

Kacey Pulley (Pulley) rented an automobile from Rick’s Car Store, Inc., d/b/a U-Save…