Fosso v. State Farm Mutual Automobile Insurance

RONEY, Senior Circuit Judge:

This ease concerns the “Other Insurance” clause in a medical insurance policy which restricts benefits when there is duplicate insurance unless the insured gives the insurer notice of the other applicable insurance prior to the occurrence of a covered event. The district court’s grant of summary judgment for the insured turned on its decision that a second duplicate policy, although applied retroactively, did not come into existence until after the occurrence of a covered event, so that the failure of the insured to give notice did not prevent the insured from…