Holyoke Mutual Insurance v. Cherokee Insurance

Birdsong, Judge.

This appeal concerns the construction of two identical “other insurance” clauses in insurance policies issued by appellant Holyoke Mutual Insurance Company in Salem (“Holyoke”) and appellee Cherokee Insurance Company (“Cherokee”) insuring the McDuffie County Board of Education. As a result of a $91,803.45 judgment against the McDuffie County Board of Education, Cherokee made demand upon Holyoke for payment of its $25,000 policy limits. In response, Hol-yoke filed a declaratory judgment action to clarify the respective limits of the policies. Cherokee’s policy has limits of…