Reetz v. Werch

The issue results from the presence of the “excess” clauses in the two policies. The pertinent excess clause in the Continental policy is the proviso in the “other insurance” paragraph quoted in the statement of facts. In the Virginia policy, it is the “other insurance” paragraph of the “Long Haul Truckmen” indorsement. If neither policy contained its excess clause, it is undisputed that both policies would cover the liability which the plaintiff seeks to establish.

It is not perfectly clear whether Berlin Rental Service and Werch Trucking Company were each mere trade names of E. A. Werch, but…