St. Paul Fire & Marine Insurance v. American Home Assurance Co.

This is an action among three insurance companies: St. Paul Fire & Marine Insurance Company, Continental Casualty Company, plaintiffs-appellants, and American Home Assurance Company, defendant-appellee. In this consolidated appeal, we granted leave to decide the legal effect to be given plaintiff-appellants’ pro-rata "other insurance” clause and defendant-appellee’s excess "other insurance” clause contained in their respective malpractice insurance policies.

More specifically, we must determine whether to adopt the Lamb-Weston doctrine 1 that views all "other insurance” clauses as…