Merritt v. Jefferson Insurance

OPINION OF THE COURT

Joseph J. Sedita, J.

This is a motion for summary judgment. Plaintiffs seek payment in full by the defendant insurance companies for a loss from a fire on their property. The amount of the damages is not in dispute. The only dispute is over whether or not the “coinsurance” clauses of the insurance policies limit the companies’ liability to something less than the full amount of the damages under the facts of this case.

Three insurance companies are involved here. Two companies provide primary coverage and the third company provides “excess” coverage. The concept of…