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INTEGRITY MUT. INS. v. S. AUTO. & CAS., ETC.

No. 45780.

239 N.W.2d 445 (1976)

INTEGRITY MUTUAL INSURANCE COMPANY, Respondent, v. STATE AUTOMOBILE & CASUALTY UNDERWRITERS INSURANCE COMPANY, Appellant.

Supreme Court of Minnesota.

February 6, 1976.

Attorney(s) appearing for the Case

Whitfield, Musgrave, Selvy, Kelly & Eddy and Roy W. Meadows, Robert L. Fanter, Des Moines, Iowa, Robert L. Hoppe, Minneapolis, for appellant.

Barnett, Ratelle, Hennessy, Vander Vort, Stasel & Herzog and W. Scott Herzog, Minneapolis, for respondent.

Heard before PETERSON, TODD and SCOTT, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

This litigation between two insurance companies presents again the vexing question of how to apportion liability between two insurers of the same risk when the policies of insurance contain conflicting "other insurance" clauses. Insurance companies commonly include in their policies other insurance clauses which tend to limit their liability on the risk if the insured has similar insurance available from another company. Some companies use a pro...

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