Insurance Company of the State v. Great Northern Insurance Co.

KAYATTA, Circuit Judge.

The parties ask us to decide a question of Massachusetts law on which Massachusetts’ highest court has not spoken. The question arises when, as here, an insured buys two insurance policies that cover the same loss. In such a case, may the insured opt to have one insurer cover the entire loss or, instead, may either insurer insist that both share equitably in covering the loss? Given the competing considerations implicated by this question of state law and policy, and the lack of clear guidance that would allow us confidently to predict how Massachusetts’ highest court…