Forest Industries Insurance Exchange v. Viking Insurance

This case concerns a dispute between two insurance companies, each with policies containing an “other insurance” clause. The issue presented is whether the trial court applied the correct formula for calculating defendant’s pro rata share of contribution pursuant to Lamb-Weston et al v. Ore. Auto. Ins. Co., 219 Or 110, 346 P2d 643 (1959). We conclude that it did not and reverse.

The parties stipulated to the facts:

1. Plaintiff insured Teri Painter under an automobile liability insurance policy with a $50,000 single limit. Painter’s automobile was an insured vehicle.

2. Defendant insured Judith…