National Casualty Company v. Georgia School Boards Association-Risk Management Fund.

Summary

The court answered the certified question by holding that Georgia law and public policy do not prohibit a commercial insurance policy from making its coverage excess to coverage provided by an interlocal school-board risk management fund. Because the parties' excess clauses were irreconcilable, the ordinary priority-of-coverage rule applies, requiring the insurers to share defense and indemnity obligations on a pro rata basis. The court concluded that the statutory authorization of public risk-management funds did not create a priority for commercial insurance.