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COBB v. ALLSTATE INS. CO8/1/1995
. Sylva, 242 Va. 191, 409 S.E.2d 127, 129-30 (1991).
This is not inconsistent with our previous decisions holding that liability or costs between insurers both deemed primary are to be prorated, nor with Globe Indem. Co. v. Jordan, 634 A.2d 1279 (Me. 1993). In Globe, an auto dealer's customer injured a pedestrian while driving a car owned by the auto dealer. Even though the auto dealer's policy, issued by Globe Indemnity Company by its own terms excluded coverage for customers, it was deemed to provide primary coverage for the accident by virtue of statutory law mandating minimum coverage for customers of automobile dealers. The customer's policy, issued by Keystone Insurance
In this more typical case, however, involving the set off of the recovery by the insured from the underinsured tortfeasor, INA is the primary insurer because of contractual language contained in both policies, and not as a result of a statutory requirement. Application of any monies received by an insured from a tortfeasor as an offset to the first-tier provider's liability is more logical and efficient than prorating. As would have been the case here, the primary insurer will be able to settle more quickly with its insured and remove itself from further legal disputes. The reduced need for litigation will not only result in lessened costs to consumers, but will reduce the strain on overburdened judicial resources.
The entry is:
Judgment vacated. Remanded for entry of a summary judgment for INA.
All concurring.
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