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TRAVELERS INS. CO. v. LEXINGTON INS. CO.

No. 84-1465.

478 So.2d 363 (1985)

The TRAVELERS INSURANCE COMPANY, Appellant, v. LEXINGTON INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 12, 1985.

Attorney(s) appearing for the Case

W. David Rogers, Jr. and Jeffrey O. Saufley of Rogers, Dowling & Bos, Orlando, for appellant.

Marcia K. Lippincott, and Roy B. Dalton, Jr., of Hurt, Parrish & Dalton, P.A., Orlando, for appellee.

DAUKSCH, Judge.

This is an appeal from a declaratory judgment in an insurance coverage dispute. While we doubt that such a situation as this will occur again we write in order to try to prevent it.

Travelers wrote a policy for the insured which contains two mutually repugnant clauses; one an "excess" clause and the other an "escape" clause. The excess clause reads:

5. Other Insurance: This insurance is primary with respect to any other liability insurance...

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