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ROCKY MOUNTAIN FIRE & CAS. CO v. ALLSTATE INS. CO.

No. 1 CA-CIV 1178.

13 Ariz. App. 405 (1970)

477 P.2d 279

ROCKY MOUNTAIN FIRE & CASUALTY COMPANY, a Washington corporation, Appellant, v. ALLSTATE INSURANCE COMPANY, an Illinois corporation, Paul E. Quinlan and Dortha Quinlan, his wife, and Michael D. Foster, Administrator for the Estate of James J. McGowan, Deceased, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Review Granted January 19, 1971.

Attorney(s) appearing for the Case

Burch, Cracchiolo, Levie & Guyer by Daniel Cracchiolo, Phoenix, for appellant.

Moore, Romley, Kaplan, Robbins & Green by Craig R. Kepner, Phoenix, for appellee Allstate.

Hunter, Bartlett, Penn, & Lerch by William C. Penn, Phoenix, for appellee Quinlan.

Samuel R. Hutchison, Phoenix, for appellees Quinlan and Foster.

JACOBSON, Judge.

Our original opinion in this matter was entered on September 10, 1970 (13 Ariz.App. 31, 474 P.2d 38). In that opinion we held that the proper method of determining the liability of two insurance companies where each had an "other insurance" clause in their policies (one being an escape clause and the other an excess clause) was on a pro rata basis based upon the maximum loss...

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