P. W. Ziegler Co. v. Commercial Union Assurance Co.

Citations

• 38 Pa. Super. 532
• 1909 Pa. Super. LEXIS 179

Syllabus

<p>Insurance — Fire insurance — Double insurance — Pro rating.</p> <p>1. Double insurance takes place when the assured makes two or more insurances on the same subject, the same risk, and same interest. If there be double insurance, either simultaneously or by successive policies in which priority of insurance is not provided for, all are insurers, and liable pro rata. All the policies are considered as making but one policy, and, therefore, any one insurer who pays more than his portion, may claim a contribution from others who are liable.</p> <p>2. Where the insured has a policy covering several parcels of property, and also has specific insurance covering one of said parcels, the latter insurance must be entirely exhausted before the other policies can be called upon for contribution to the loss. Such character of policies do not pro rate in anyway with each other. This is because the two classes of policies are not on the same subject risk, and interest.</p>