Primary/Secondary Coverage Under Ins. Code Irrelevant

November 15, 2004
Source: WorkInjury.com
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The Fourth District Court of Appeal ruled yesterday that Insurance Code, Section 11580.9 (d) renders certain primary/secondary language in insurance policies irrelevant under certain circumstances.

In a published opinion, the Court said that even though one carrier may be denoted as the "primary" and the other the "secondary" insurer of a covered vehicle, both carriers must share the liability under the code section as written, despite the apparent inequity.

To read the full case entitled Wilshire Insurance v. Sentry Select (in MS Word format), please click here.

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