When two or more uninsured motorist policies apply, a question arises as to whether those policies should pro-rate with each other, or one of the policies should be designated as primary, with the other as excess. This issue was addressed by the Kentucky Supreme Court in Countryway Insurance Co. v. United Financial Casualty Insurance Co., 2016 WL 4488306 (Ky. August 25, 2016). Noting the close conjunction between UM coverage and liability coverage, the court found that when a passenger in a vehicle was injured in a collision caused by an uninsured motorist, and the passenger’s vehicle, as well as the vehicle in which the passenger was riding both, had uninsured motorist coverage containing “other insurance” clauses, the policy covering the vehicle in which the passenger was riding provided primary UM coverage.
- Wyoming Adopts the Notice-Prejudice Rule
- Kentucky Supreme Court Establishes Priority of Coverage Positioning for UM Policies
- Montana Supreme Court Determines What Standard to Utilize in Approving Consent Settlement Agreements
- New York Appellate Court Determines Who Bears Responsibility for Orphan Share in Long Latency Continuous Trigger Cases
- Allocating Defense Costs in Long Latency Cases in Louisiana
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