Otter

This is a declaratory relief action brought by Albert Otter. Superficially it is just another action involving counter-contentions between several indemnity insurance companies as to which, under the terms of the respective policies involved, pays how much, if any, of sums due under the several policies involved.

The trial court held that Insurance Company of North America (INÁ), the insurer under an umbrella excess policy is, under the terms thereof, liable to pay all of such balance. We agree that American Home, an underlying insurer of a specified named insured, was properly held not liable. We believe that General Insurance Company (General) was improperly absolved by the trial court.

A second question confronts us. A motion has been made before this court by the attorney who represented both General and IN A in the trial court to strike portions of the appellate brief of INA (written by substituted attorneys). The portions sought to be stricken are those which criticize dual representation. We hold that there was an irreconcilable conflict of interest between those two insurers and therefore deny the motion.

The Facts

“Jefferson Motors, Inc., A…