05-20-09 W9/PHC REAL ESTATE LP, ET AL. V. FARM FAMILY CASUALTY
COMPANY
A-1618-07T3
In the instance of conflicting pro-rata and excess otherinsurance
clauses in commercial general liability policies, the
policy containing the pro-rata provision must be exhausted
first, up to the policy limits, before the excess-only policy
becomes available. We follow the majority rule and find the
pro-rata Zurich policy primary and the Farm Family excess only.
Richard Sadowski
Assistant Editor
