Transport Indemnity Co. v. Rollins Leasing Corp.

This appeal concerns an aspect of the conflict which arises when two automobile insurance policies provide coverage for the same claim but both policies contain “excess” insurance clauses. By Pacific Indem. Co. v. Federated Am. Ins. Co., 76 Wn.2d 249, 456 P.2d 331 (1969), Washington opted for the “general rule” that because such provisions are mutually repugnant, they must be disregarded and each insurer held accountable for its pro rata share of the covered loss. The opinion adopts the rationale of Cosmopolitan Mut. Ins. Co. v. Continental Cas. Co., 28 N.J. 554, 562, 147 A.2d 529, 69…