Descoteaux v. Liberty Mutual Insurance

Brock, J.,

dissenting: In my view, the language used by the insurance carrier in its “Other Insurance” clause to preclude stacking of medical payments coverages in the circumstances of this case is clear, unambiguous, and not convoluted. By merely describing the clause as “convoluted,” the majority denies the insurance carrier a right which the majority acknowledges it has under Eckert v. Green Mt. Ins. Co. supra, and in effect rewrites the contract for the parties. I respectfully dissent.