Arkin v. Old Republic Insurance

I concur with the decision of the majority in this case, except I would affirm based upon the authority of the following cases as they relate to the question of coverage under insurance policies which contain identical and mutually repugnant excess insurance clauses. I note that this is not a ease involving the question of indemnity. See Rouse v. Greyhound Rent-A-Car, Inc., 506 F.2d 410 (5th Cir. 1975) (construing Florida law); Consolidated Systems, Inc. v. Allstate Insurance Co., 411 F.2d 157 (5th Cir. 1969) (construing Florida law); Motor Vehicle Casualty Co. v. Atlantic National Insurance…