Buckeye Union Fire Insurance v. Shelby Mutual Insurance
Buckeye Union Fire Insurance v. Shelby Mutual Insurance
Opinion of the Court
Judgment reversed as contrary to law for the reason that by the terms and conditions of the two insurance policies in force in this case the coverage is pro rata between the respective companies insuring under such policies. The limit of liability in the Shelby Mutual policy is $25,000.00. The limit of liability in the declarations of the State Automobile policy is $50,000.00. Thus, the limit of liability under Shelby Mutual’s policy represents one third (1/3) of all valid and collectible insurance against loss, and the limit of the policy issued by State Automobile represents two-third (2/3) of all valid and collectible insurance against loss.
Accordingly, final judgment is rendered on the supplemental petition in favor of plaintiff, Buckeye Union Fire Insur
A journal entry will be prepared to conform with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.