Nationwide Mutual Insurance v. Integon National Insurance

HUNTER, JR., Robert N., Judge.

Plaintiff Nationwide Mutual Insurance Company (“Plaintiff’) appeals from a 27 March 2013 order granting summary judgment in favor of Integon National Insurance Company (“Integon”) and State National Insurance Company (“State National”).1 Upon review, we find the trial court erred by not applying a pro rata distribution of the credit paid by the underinsured motorist’s insurance provider to all three underinsured motorist insurance (“UIM”) policy providers. We reach this conclusion because the respective excess clauses were (i) mutually repugnant and (ii) because…