Jones v. Medox, Inc.

PRYOR, Associate Judge,

with whom NEWMAN, Chief Judge, and MACK, Associate Judge, join, dissenting:

This case involves perplexing questions raised by “other insurance” clauses in separate insurance policies which insure the same risk. Appellees argue, and the majority accepts, the premise that construing the respective clauses in a manner which would require both companies to share the coverage of the loss which they insured, overrides the contractual intent of the parties and places the court in the role of the legislature.

A closer look at this area of insurance coverage reveals a myriad of…