Legal Opinion · Dissent

Georgia Casualty & Surety Company, a Corporation v. Universal Underwriters Insurance Company, a Corporation

Court of Appeals for the Fifth Circuit

Decided July 6, 1976No. 75-2106Published

1DissentClark, Circuit Judge

I agree with the majority that the risks and parties were covered by the policies and that the “other insurance” clauses were operative. However, I dissent from the majority’s holding that in this purely interinsurer dispute the identical provision in the two policies construed here does not “provide for” contribution by equal shares because I believe that holding to be at odds with the realities of insurance policywriting, the historical development of insurance law, and the intent of the parties to the insurance contracts in this case.

It must be remembered that policy provisions like those…

2Cases cited6 opinions

  1. Lamb-Weston, Inc. v. Oregon Automobile InsuranceOregon Supreme Court · 1959
  2. Oregon Auto. Ins. Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1952
  3. Zurich General Accident & Liability Ins. Co. v. ClamorCourt of Appeals for the Seventh Circuit · 1941
  4. Southern Home Insurance v. WilloughbyCourt of Appeals of Georgia · 1971
  5. Argonaut Insurance Co. v. Cotton States Mut. Ins. Co.District Court, M.D. Florida · 1974

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