Insurance Co. Of North America v. Continental Casualty Company

OPINION OF THE COURT

WEIS, Circuit Judge.

Restaurateurs are familiar with the good-natured struggles which often ensue when guests attempt to pick up the tab for their dinner companions. It may be fanciful to assume that it was to avoid similar unseemly displays when the time came to pay a casualty loss that insurance companies incorporated “other insurance clauses” in their policies. Certainly, there is one dramatic difference between those generous diners, would-be hosts, and the insurers— the diner pleads for the opportunity to pay the bill; the insurer’s use of the “other insurance” clause…