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31 Jul, 2014

HOW TO HANDLE OVERLAPPING INSURANCE – Part II

2018-04-23T20:59:42-05:00July 31st, 2014|Concurrent coverage, Midwest Insurance Law Guide|

DO BOTH POLICIES APPLY? Last week we discussed step one, which is to initially determine whether both policies would apply to the same loss.  Today we are going to discuss step two, which is how to split the costs between the two policies. Courts consider the following: 1.  the nature of the claim;  2.  the relation of the insured to the insurers; 3.  the particulars of each policy; and 4.  any other equitable contribution.  American Family Mut. Ins. [...]

22 Jul, 2014

HOW TO HANDLE OVERLAPPING INSURANCE – Part I

2018-04-23T20:59:42-05:00July 22nd, 2014|Complex insurance coverage, Concurrent coverage, Midwest Insurance Law Guide|

DO BOTH POLICIES APPLY? We cannot definitively answer this questions, dear Readers, without analyzing both policies in order to determine whether the polices insure: 1.  The same entities; 2.  The same interest in the same property; and 3.  The same risk.    See, American Family Mut. Ins. v. Regent Ins. Co., 288 Neb. 25, 41 (Neb. S. Ct. May 2, 2014). It is not necessary that the policies provide identical coverage in all [...]

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