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When Policies Conflict, Insurers Must Split Costs, Appeals Court Finds in Georgia Case

September 19, 2023

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.

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