Cobb v. Allstate Insurance Co.

CLIFFORD, Justice.

This case comes to us pursuant to M.R.Civ.P. 72(c) 1 on a report from the Superior Court (Kennebec County, Chandler, J.). In the underlying action, Richard Cobb asserts breach of contract claims against Insurance Company of North America (INA) and Allstate Insurance Company (Allstate), the two insurers providing his underinsurance coverage. Because the Superior Court erred in prorating between INA, the primary insurer covering Cobb, and Allstate, the excess insurer, the money recovered by Cobb from the underinsured tortfeasor, and rejected INA’s request that it, as the…