Southern Home Insurance v. Manhattan Fire & Marine Insurance

CROSS, Chief Judge

(dissenting) :

This case concerns two insurance companies who issued policies of insurance covering the same risk, each company claiming coverage as being excess over any other valid and collectible insurance. I would prorate the liability according to their policy limits. See Pacific Indemnity Company v. Federated American Insurance Company, Wash.1969, 456 P.2d 331.