Bowen v. Merchants Mutual Casualty Co. & A.

Clause V of the basic policy issued by the Merchants Mutual Casualty Co. to Milton Makris is concerned with “Use of Other Automobiles” and is stipulated by section 13 of the policy to provide “excess insurance over any other valid and collectible insurance available to the insured.” Before considering the validity of the specific grounds advanced by the company in avoidance of liability under the provisions of this clause, however, it is first necessary to determine which of them may now be advanced by the company in the light of the claims of waiver and estoppel raised by the plaintiff.

Prior…