AMERICAN CAS. CO. v. PHICO INS. CO.


549 Pa. 682 (1997)

702 A.2d 1050

AMERICAN CASUALTY COMPANY OF READING, PA., Appellee, v. PHICO INSURANCE COMPANY, and Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund, Joseph Pulcini, Jr., Director and Sharon DiRienzo and David Richard and Suzanne Richard, in their own right, Appeal of PHICO INSURANCE COMPANY and Sharon DiRienzo.

Supreme Court of Pennsylvania.

Decided November 5, 1997.


Attorney(s) appearing for the Case

David E. Sandel, Jr., Philadelphia, for PHICO, DiRienzo.

K. Charles Gudenas, Peter J. Hoffman, Philadelphia, for American Cas. Co.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.


OPINION OF THE COURT

CAPPY, Justice.

This direct appeal involves the question of allocation of liability payments between two excess liability insurers. More precisely, we must determine the appropriate common law rule for apportioning the loss between insurers where the policies at issue contain irreconcilable and mutually repugnant "other insurance" clauses. For the reasons that follow, we determine that...

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