Other Insurance Clauses

0
3χλμ.

A Video Explaining the Application of Other Insurance Clauses

Read the full article at https://www.linkedin.com/pulse/other-insurance-clauses-barry-zalma-esq-cfe and see the full video at https://youtu.be/eWIi7i7Jfm8 and at https://rumble.com/c/c-262921.and at https://zalma.com/blog plus more than 3850 posts.

Every third-party liability policy contains an “other insurance” clause that attempts to control disputes when there are two or more policies insuring the same risk. The term “other insurance” is used in a special sense in insurance contracts. It describes the situation where two or more policies of insurance cover the same risk in the name of, or for the benefit of, the same person. Difficulties arise when the two or more policies have other insurance clauses that conflict with each other and the insurers and the insureds must find a way to resolve the conflicts.

There are generally three types of “other insurance” clauses.. [Croskey et al., Cal. Practice Guide: Insurance Litigation (The Rutter Group 2009) ¶¶ 8:15 to 8:20, pp. 8-5 to 8-8.]
Pro Rata:

Under a pro rata other insurance clause, the insurer seeks to limit its liability to “the proportion that its policy limits bear to the total coverage available to the insured.” [Id}
Excess Only:

Under an excess only other insurance clause, “[i]f there is other valid and collectible insurance, the insurer is liable only to the extent the loss exceeds such other insurance.” [Fireman’s Fund Ins. Co. v. Maryland Casualty Co., Supra, 65 Cal.App.4th at p. 1305.]
Escape:

Under an escape other insurance clause, the “existence of other valid and collectible insurance extinguishes the insurer’s liability to the extent of such other insurance.” [Id.]

In many states, it is a type of the crime of insurance fraud to present the same claim to two different insurers.

ZALMA OPINION

Other Insurance clauses create some of the most difficult issues of insurance contract interpretation for an adjuster or insurance coverage lawyer. It is essential that every adjuster understand the types of other insurance clauses and how the state where the adjuster practices the profession deals with disputes between insurers insuring the same risk of loss. The prudent adjuster – when faced with such a dispute – will retain the services of a competent and experienced coverage lawyer.

Προωθημένο

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Αναζήτηση
Κατηγορίες
Διαβάζω περισσότερα
Health
Billig-Wirkstoff Dexamethason senkt Sterblichkeit bei schweren Covid-19 Fällen um ein Drittel
Billig-Wirkstoff Dexamethason senkt Sterblichkeit bei schweren Covid-19 Fällen um ein...
από Medic Ineman9 2020-11-25 20:01:15 0 6χλμ.
άλλο
Wind & Water Damage
A Video About Catastrophes and Anti-Concurrent Cause Policy Language Read the full article at...
από Barry Zalma 2021-06-08 13:09:54 0 3χλμ.
άλλο
Sexual Abuse of Child Excluded
Sexual Abuse of Child Excluded Clear & Unambiguous Exclusions Must Be EnforcedPost...
από Barry Zalma 2024-07-26 12:47:54 0 1χλμ.
άλλο
Ignore Court Orders at your Peril
Ignore Court Orders at Your Peril Read the full article at https://lnkd.in/gPeferTP, sd at...
από Barry Zalma 2024-02-28 14:04:50 0 2χλμ.
Politics
Waffle House employee training program must come with self-defense lessons cause they don’t ever lose a fight 😭
One woman put her hand in front of the male customer’s face as they argued at the counter....
από Wym Creator 2021-09-07 01:12:13 0 4χλμ.