Rankin Funeral Home, Inc. v. Rhode Island Insurance

Taylor, J. (dissenting in part).

I concur in the prevailing opinion except as to method of apportionment. No question of fraud or coinsurance being involved and this being a case of over-*675insurance in the sense that the total coverage of the several policies exceeds the losses, “ sound value ” seems to be of no materiality in making the apportionment. I am unable to approve the theory adopted by the majority of the court and, in the particular circumstances here presented, of all the methods which have been discussed by the courts the Kinne rule seems most reasonable, it being stated in the…