Nautilus Insurance Company v. Lexington Insurance Company.

Opinion of the Court by

ACOBA, J.

The United States Court of Appeals for the Ninth Circuit (Ninth Circuit) certified the following questions of law to this court:

1. Whether an insurer may look to another insurei’’s policy in order to disclaim the duty to defend, where the complaint in the underlying lawsuit alleges facts within coverage.

2. Whether an “other insurance” clause that purports to release an otherwise primary insurer of the duty to defend if the insurer becomes excess as to liability is enforceable.

3. Whether the irreconcilability of “other insurance” provisions in otherwise primary…