Ryder Truck Rental, Inc. v. Schapiro & Whitehouse, Inc.

The facts of this case are simple enough but they are extraordinary in that they are apt never to recur in quite the same configuration. They have brought into conflict the virtually identical “other insurance” clauses of two-automobile liability insurance policies. The generally accepted notion that this is a somewhat untidy area of the law has been succinctly articulated in 38 Minn. L. Rev. 838, 841 (1954) :

“Despite efforts by insurance counsel to draft explicit and litigation-proof terms in liability policies, especially in the ‘other insurance’ area,, litigation is all too frequently…