- 29 - If there is any other insurance covering the property insured hereunder, or * * * [petitioner's] liability, if any, whether prior, subsequent to, or simultaneous with this policy, which in the absence of this insurance would cover the loss, damage or liability hereby covered, then this Company shall not be liable hereunder for more than the excess over and above such other insurance. This clause, however, shall not apply to insurance effected by a Named Insured, and the existence of such insurance, or payment of a loss thereunder, shall not constitute a defense of any claim otherwise payable under this Policy, nor shall such insurance be called on to contribute to any loss payable hereunder. Under clause 20, NUF was not liable in the event that petitioner's liability for loss or damage to a shipper's package was covered by another insurance policy unless the other policy was "effected" by a shipper. (3) Affiliated FM Insurance Policy Petitioner maintained an insurance policy with Affiliated FM Insurance Co. (AFM policy). The AFM policy was issued on December 27, 1982, and provided coverage from October 1, 1982 to 1985. The AFM policy insured petitioner's property and liability for, among other things, petitioner's interest in the "real and personal property of others, including parcels held for delivery and in transit for which petitioner may be liable or for which the * * * [petitioner] may assume liability or agree to insure prior to loss affected thereby." The AFM policy contained a $100 million liability limitation with sublimits. The AFM policy had a $10 million limit "on Personal Property while in the course ofPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011