Equity Mutual Insurance v. Allstate Insurance

This is a declaratory judgment action brought by the plaintiff, Equity Mutual Insurance Company, to determine whether its automobile liability insurance policy or that of the defendant, Allstate Insurance Company, offered primary coverage for the automobile accident involved here. Demurrers of the defendants were sustained and Equity Mutual has appealed.

In 1969, the plaintiff issued its automobile liability insurance policy to Sandra L. Shaw, the owner and named insured. The policy bore a printed endorsement titled “Exclusion of Additional Interests Endorsement,” and recited: “In…