United Parcel Service of America - Page 44




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                    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 of            





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Last modified: May 25, 2011