In Great West Casualty Company v. Nationwide Agribusiness Insurance Company, the U.S. Court of Appeals for the Seventh Circuit considered priority of coverage between two insurers for indemnity for an underlying wrongful death vehicle collision case arising out of the operation of a tractor-trailer. The court, affirming the District Court’s summary judgment ruling, reviewed “other insurance“ clause language and concluded that both insurers were co-excess insurers, sharing responsibility for indemnity on a pro rata by limits basis. The court rejected the trailer insurer’s argument that “leasing“ the trailer was not “hiring“ or “borrowing” it, and it also found that an agreement between the tractor operator and the trailer owner was not an “insured contract“ because the tractor operator did not agree to indemnify the trailer owner for the owner’s negligence.
The ruling can be read here.