Motorists Mutual Insurance Company v. First Specialty Insurance Corp.

Summary

The court held that the two insurers' other-insurance provisions were mutually repugnant excess clauses because both limited liability to coverage excess over other insurance. It therefore required the insurers to share equally in defending and indemnifying the insureds, while declining to consider Motorists' indemnification argument because Motorists waived it through its appellate conduct. The court reversed the Court of Appeals, affirmed the circuit court's summary judgment, and remanded for further proceedings.