Planet Insurance Co. v. Ertz

ULRICH, Judge.

Planet Insurance Company (Planet) filed a declaratory judgment action to determine coverage under two excess liability insurance policies containing “other insurance” clauses. One of the policies was issued by Planet to Dan Ertz and The Ertz Agency, Inc. (collectively Ertz), and the second policy was issued to Ertz by Northwestern National Insurance Company (Northwestern National). The trial court found that the “Planet Insurance Company’s escape clause is repugnant to Northwestern National’s other insurance clause” and by summary judgment ordered Planet and Northwestern…