State Farm Mutual Automobile Insurance v. United Services Automobile Ass'n

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an excess clause does not affect coverage and simply allows for determining the distribution of liability
• noting that the \other coverage\ clause at issue was distinguishable * from that analyzed in Bryant , because the language of the Bryant policy \permit[ted] [the] insurance company to escape all or a portion of its liability to the insured\ (emphasis added)
• both cases drawing a distinction between an escape clause and an excess clause when dividing liability with a pro rata clause
• “excess coverage clause merely provides orderly process for determining the distribution of liability among several insurance carriers”
• “We see nothing in the excess coverage clause involved herein which adds to or restricts the uninsured motorist stat ute. . . . The excess coverage clause merely provides an orderly process for determining the distribution of liability among several insurance carriers.”

Source: CourtListener parenthetical corpus (CC0).