Indiana Insurance Co. v. American Underwriters, Inc.

This cause arises upon petition to transfer and presents an issue of first impression for our determination. The controversy is between two insurance companies as to which is primarily liable for a tortfeasor’s property damage. That is to say, when a tortfeasor comes within the coverage of two insurance policies, one policy providing an “escape” clause when there is other insurance against loss, and the other policy providing only “excess” coverage when there is other valid and collectible insurance, which policy will prevail? The instant facts are stipulated and may be briefly summarized.

On…