Western Casualty & Surety Co. v. Trinity Universal Insurance

Briscoe, J.:

This is a declaratory judgment action brought by

Western Casualty and Surety Company (Western) to obtain an adjudication of the respective liabilities of Western and Trinity Universal Insurance Company of Kansas, Inc., (Trinity) under policies of insurance each had issued on a tavern and its contents. Western’s policy contained an “other insurance” excess clause; Trinity’s policy contained an “other insurance” pro rata clause. Upon cross-motions for summary judgment, the district court construed the “other insurance” clauses contained in each policy to require a pro rata…