Groth v. Farmers Mutual Automobile Insurance

The issue on this appeal is whether either Milwaukee Auto or U.S.F.&G. is entirely liable under its policy for the amounts paid in settlement to the two plaintiffs, or whether each must bear a pro rata portion thereof under the “other insurance” clauses of the two policies.

The Milwaukee policy issued to plaintiff Groth contains the following “other insurance” provision:

“If the insured has other insurance against a loss covered by this policy the company shall not be liable under this policy for a greater proportion of such loss than the applicable limit of liability stated in the declarations…