United Services Automobile Ass'n v. Empire Fire & Marine Insurance

OPINION

KLEINSCHMIDT, Judge.

This case raises an issue of whether a loss should be apportioned among two insurers. The resolution turns on the construction and purposes of the policies.

The case grows out of an automobile collision between a car driven by Robert Richards and another driven by Augustus Turner. The car driven by Richards was owned by one Roger Anderson and was a scheduled vehicle under two liability policies, one issued by Security Mutual Casualty Co. which provided primary coverage on the vehicle up to $50,000 and the other issued by Empire Fire and Marine Insurance Company which…