31A-21-307. Other insurance.
(1) When two or more policies promise to indemnify an insured against the same loss
without intending cumulative coverage, no "other insurance" provisions of the policies may
reduce the aggregate protection of the insured below the lesser of the actual insured loss suffered
by the insured and the maximum indemnification promised by any policy without regard to any
"other insurance" provision.
(2) Subject to Subsection (1), the policies may by their terms define the extent to which
each insurance is primary and each is excess, but if the "other insurance" terms of the policies are
inconsistent, there is joint and several liability to the insured on any coverage which overlaps and
which has inconsistent terms. Subsequent settlement among the insurers does not alter any rights
of the insured. The commissioner may adopt rules consistent with this section concerning "other
insurance."
(3) This section does not apply to accident and health insurance policies. Refer to
Section 31A-22-619 for the coordination of accident and health benefits.
Amended by Chapter 116, 2001 General Session
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Last revised: Thursday, May 28, 2009