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Harleysville Insurance Companies v. Aetna Casualty and Surety Insurance Co.

Determination as to priority of coverage between insurance companies affirmed; "other insurance" provisions in three policies at issue made it clear that limits of two had to be exhausted before third policy was implicated.

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ARGUED: March 5, 2002

OPINION

In this insurance coverage dispute, Appellant The Harleysville Insurance Companies (“Harleysville”) and Appellee Aetna Casualty and Surety Insurance Company (“Aetna”) disagree as to the priority of coverage between their respective insurance policies. We granted allocatur, limited to the following issues: (1) whether the Superior Court erred in determining that a driver’s personal policy of motor vehicle insurance provides coverage that is excess to the vehicle owner’s personal blanket excess policy; and (2) whether the Superior Court disregarded the basic nature of primary versus excess policies of insurance. For the reasons herein, we find no error and affirm.

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