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JONES v. MEDOX, INC.

No. 79-433.

413 A.2d 1288 (1980)

Nancy R. JONES et al., Appellants, v. MEDOX, INC., et al., Appellees.

District of Columbia Court of Appeals.

Decided April 1, 1980.

Attorney(s) appearing for the Case

Ellen A. Patterson, Washington, D. C., with whom Gary W. Brown and James C. Gregg, Washington, D. C., were on the brief, for appellants.

Richard W. Galiher, Washington, D. C., for appellees.

Before GALLAGHER, MACK and PRYOR, Associate Judges.

PRYOR, Associate Judge:

Appellant contends that where two insurance companies have insured the same risk and the question of coverage arises, the insurance company with the excess "other insurance" clause should not be allowed to escape primary liability when the second insurance policy contains a pro rata "other insurance" clause. Rather, both insurance companies should shoulder a pro rata share of the liability. We agree and, therefore, reverse.

Nancy Jones...

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