Travelers
Insurance Co. v. Lexington Insurance Co.,
478 So. 2d
363 (Fla. 5th DCA 1985).
Two
insurance companies were involved in litigation regarding responsibility
for a certain loss. The Orange County Circuit Court ruled in favor of
one company. The losing insurance company appealed.
Ms.
Lippincott represented the losing insurance company on appeal. The
policy of the prevailing company contained both an excess
and escape clause that were mutually repugnant. This company argued that
the excess clauses of both its policy and the other policy cancelled
each other out, and that the prevailing party’s escape clause governed,
making the entire loss fall on the other company. The appellate court
held that it would not tolerate gamesmanship in the drafting of
insurance policies. As excess carriers both insurance carriers must
equally divide the loss.
