United Services Automobile Ass'n v. Travelers Indemnity Co.

This is a dispute between two casualty insurance carriers in which the sole issue is whether the coverage provided by one carrier is “excess insurance,” available only after the coverage provided by the other, which is admittedly “primary insurance,” has been exhausted. The issue turns on the language of the two policies.

The case was submitted to the trial court upon a written stipulation of facts. On September 26, 1983, a collision occurred on Ocean View Avenue, in Norfolk, between a motorcycle operated by William F. Walters and a 1970 Volkswagen “beetle” operated by David W. Lewis. Allyson…