Chodos

Insurance Company of North America (hereinafter INA), a corporation, appeals from a judgment rendered to its insured following a jury verdict of $205,146.71; $200,000, punitive damages; $5,000, emotional distress; and $146.71, compensatory damages.

Appellant, INA, contends as follows:

Respondent, insured, contends that the judgment should be affirmed. We agree.

Background

In October 1975, respondent had an automobile insurance policy with appellant, INA, which covered him and his family, including three teenage children living in the family home, two of whom were driving at that time. This policy, obtained through INA’s agent, Protected Insurance Agency (hereinafter Protected), contained a provision under “Bodily Injury and Property Damage Liability Coverage,” that “. . . the insurance with respect to a temporary substitute automobile or non-owner automobile shall be excess insurance over any other valid and collectible insurance.”

Also, this policy provided under “Conditions,” that “In the event of an accident, occurrence or loss, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the…