September 16, 2013

We would like your opinion as to which carrier would be primary/excess or if they should share. The plaintiff alleges that she slipped and fell on an accumulation of ice and snow while she was walking to the parking lot. All snow removal is done in house, no outside companies. Our policy covers the management company directly; the owner is not an additional insured under our policy. On the other hand, our insured as the property manager is insured under the owner's policy, so he has coverage under both policies.

The insurance carrier for the owner of the property has taken the position that our insured (the property manager) is an insured under its policy, but the carrier points out the policy conditions which it believes clearly states that its policy is excess to ours. We disagree. Based on a review of the two insurance policies, we believe that the owner's coverage should be primary.