Newsroom Author: Colin Jennings

Escape No More: “Other Insurance” Clause Unenforceable in Equitable Contribution Action

An “escape clause” within a liability insurance policy creates the illusion of coverage that is ultimately extinguished where a second primary insurance policy covers the same risk.  Historically, these escape clauses were designed to prevent the insured from multiple recoveries arising where more than one policy provided coverage for a particular loss.  Change the context of the provision’s application, and … Continue reading