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STATE FARM MUT. AUTO. INS. CO. v. BOGART

No. 18116-PR.

149 Ariz. 145 (1986)

717 P.2d 449

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Plaintiff-Appellant, v. Joseph K. BOGART and Donna M. Bogart, his wife; the Hertz Corporation, a Delaware corporation; Employers Insurance of Wausau, a mutual company; John J. May and Margaret May, his wife, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

March 27, 1986.

Attorney(s) appearing for the Case

Hofmann, Salcito, Stevens & Myers by Leroy W. Hofmann, Phoenix, for plaintiff-appellant.

Leonard & Clancy by Kenneth P. Clancy, Phoenix, for defendants-appellees Bogart.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Noreen L. Sharp, Phoenix, for defendant-appellee Hertz Corp.

Browder & Kenney by Robert W. Browder, Phoenix, for defendant-appellee Employers Ins. of Wausau.

FELDMAN, Justice.

We have accepted review of this declaratory judgment action to resolve an apparent conflict between "other insurance" clauses in two insurance policies. One policy contains an "escape clause" and the other an "excess clause." Both policies are potentially applicable to the same occurrence. The trial court granted summary judgment and ordered that the loss be prorated between the two insurers in the proportion which the limits of each policy bear...

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