I have 2 auto policies providing liability coverage; the Other Insurance clause suggests one policy is primary over the other. The driver of CIC auto, was not the owner but had permissive use to operate CIC auto and causes an accident. Driver has her own personal auto policy. I need to determine if the driver's policy is excess or if one cancels out the other? Can you locate any favorable cases for the driver, either way?

Illinois Subscriber

This really relies on the policy language between the two policies. The liability other insurance section of the ISO form is as follows:

If there is other applicable liability insurance, we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide for a vehicle you do not own, including any vehicle while used as a temporary substitute for "your covered auto", shall be excess over any other collectible insurance except insurance written specifically to cover as excess over the limits of liability that apply in this Policy.

This language is fairly standard. What this is saying is that since the insured was driving a nonowned vehicle, this policy will be excess over the vehicle owner's policy, if the owner's policy does not cover all injuries and damages.