Gauze v. Reed

(Filed July 11, 2006)

I write separately to emphasize the extremely narrow holding reached by the Court in this matter, a holding necessitated by the unique circumstances presented herein. In this case we are presented with the rare situation wherein two primary insurance policies were purchased to provide liability coverage for the same automobile. One policy was issued by Oak Casualty Insurance Company (“Oak Casualty”), the other by appellant National Union Fire Insurance Company (“National Union”). Subsequent to the accident at issue herein, an Illinois court declared Oak Casualty to be…