When the wording of insurance policies conflict with each other and can’t be reconciled, insurers must share defense expenses, a federal appeals court said in a case that stemmed from lawsuits against school personnel.
“The district court concluded that the parties’ conflicting ‘other insurance’ clauses couldn’t be reconciled. So the district court applied a Georgia rule that when two insurance policies covering the same risk are irreconcilable, the insurers must share defense and indemnity costs on a pro rata basis,” the U.S. 11th Circuit Court of Appeals wrote.
