Liberty Mutual Insurance Co. v. Sentinel Insurance Co.

Dissenting Opinion by

WATANABE, J.

I respectfully dissent as to the partial majority opinion in Part H.B.2., upholding the validity of Liberty Mutual’s excess “other insurance” clause.

As is typical of insurance policies nationwide, the PEMCO, H/S, and Liberty Mutual policies in this case all included provisions *355that limited or eliminated each respective insurer's liability for UM or UIM payment in the event that “other insurance” was available to cover an insured’s loss. Such “other insured” clauses have spawned a tremendous amount of litigation across the country and have been the focus of…