Legal Opinion

General Insurance Co. of America v. State Farm Insurance

Washington Supreme Court

Decided January 9, 1969No. 39521PublishedCited by 9 opinions

1Opinion of the CourtWeaver, J.

This is an action between two insurance companies—General Insurance Company of America, plaintiff-respondent and State Farm Insurance Company, defendant-appellant.

This appeal presents one question:

When coverage is provided by two insurance policies, one of which contains a pro rata clause and the other an excess clause, is the insurance carrier with the excess clause obligated to pay any sum unless and until the limits of the policy containing the pro rata clause have been paid?

The trial court answered the question in the negative. We affirm.

In December, 1961, a church-sponsored boy scout…

2Cases cited4 opinions

  1. Western Pac. Ins. Co. v. Farmers Ins. ExchangeWashington Supreme Court · 1966
  2. Safeco Insurance Co. of America, Inc. v. Pacific Indemnity Co.Washington Supreme Court · 1965
  3. Miller v. Allstate InsuranceWashington Supreme Court · 1965
  4. General Insurance v. Rocky Mountain Fire & Casualty Co.Washington Supreme Court · 1967

3Cited by9 opinions

  1. Fidelity & Casualty Co. of New York v. North Carolina Farm Bureau Mutual InsuranceCourt of Appeals of North Carolina · 1972
  2. Orsi v. AETNA INSURANCECourt of Appeals of Washington · 1985
  3. Farmers Home Mutual Insurance v. Insurance Co. of North AmericaCourt of Appeals of Washington · 1978
  4. Pacific Indemnity Co. v. Federated American InsuranceWashington Supreme Court · 1969
  5. Progressive Casualty Insurance v. CameronCourt of Appeals of Washington · 1986

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API