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February 19, 2026
Who’s On First – an “Other Insurance Clause” Dispute

When There are Two Different Other Insurance Clauses They Eliminate Each Other and Both Insurers Owe Indemnity Equally

Post number 5289

In Great West Casualty Co. v. Nationwide Agribusiness Insurance Co., and Conserv FS, Inc., and Timothy A. Brennan, as Administrator of the Estate of Pat- rick J. Brennan, deceased, Nos. 24-1258, 24-1259, United States Court of Appeals, Seventh Circuit (February 11, 2026) the USCA was required to resolve a dispute that arose when a tractor-trailer operated by Robert D. Fisher (agent of Deerpass Farms Trucking, LLC-II) was involved in a side-impact collision with an SUV driven by Patrick J. Brennan, resulting in Brennan’s death.

Facts

Deerpass Trucking, an interstate motor carrier, leased the tractor from Deerpass Farms Services, LLC, and hauled cargo for Conserv FS, Inc. under a trailer interchange agreement. The tractor was insured by Great West Casualty Company with a $1 million policy limit, while the trailer was insured by Nationwide Agribusiness Insurance Company with a $2 million policy limit. Brennan’s estate filed a wrongful death suit in Illinois state court, naming multiple defendants including Fisher, Deerpass Trucking, Deerpass Services, and Conserv. Great West subsequently sued Nationwide in federal court, seeking declaratory judgment regarding insurance payment priorities.

Law

Both Great West and Nationwide provided commercial liability insurance covering Fisher, Deerpass Trucking, and Conserv. The dispute centered on which insurer’s policy should pay first in response to the wrongful death claim.

The district court concluded that the policies have equal payment priority, interpreting the insurance contracts to determine their respective coverage responsibilities.
Analysis

The court examined the underlying lease and interchange agreements, as well as the terms of both insurance policies. It found that both insurers acknowledged their coverage obligations for the accident. The district court analyzed the policies’ language and concluded there was no basis to distinguish between them regarding payment order. Both policies were deemed to provide coverage to the relevant parties under similar circumstances, and neither contained provisions that mandated one insurer pay before the other.

Discussion

The Seventh Circuit affirmed the district court’s conclusion that Great West and Nationwide share equal priority in payment for claims arising from the accident. The ruling was based on the contractual language and the facts surrounding the accident and insurance arrangements.

This decision clarifies that, absent explicit policy provisions to the contrary, insurers covering related risks may be required to contribute equally when their insureds are implicated in the same incident.

To reach the “excess” coverage determination, the district court found paragraph 5.b of Great West’s “Other Insurance” provision governed because Deerpass Trucking had leased the tractor from Deerpass Farms, a “motor carrier” as defined in the policy.

Nationwide argued that the Interchange Agreement between Deerpass Trucking and Conserv but the district court disagreed. Citing Illinois caselaw, the district court explained that an insured contract requires one party to assume the tort liability of the other, but that Deerpass Trucking had only “agreed to indemnify Conserv for liability arising from Deerpass Trucking’s own actions.” This did not meet the definition of an insured contract.

The court then rejected Great West’s argument that “excess over any collectible insurance” in its policy makes its coverage “excess over” Nationwide’s coverage.

The district court concluded Nationwide and Great West both owe excess insurance coverage and therefore must pay a pro rata share proportionate to their coverage limits.

The Seventh Circuit agreed with Great West’s position.

Great West’s Coverage is Not “Excess Over” Nationwide

Great West claims its policy is “super excess” because the applicable portion of the “Other Insurance” provision, paragraph 5.b(2), specifies that Great West’s coverage is “[e]xcess over any other collectible insurance.”

The rule against superfluous language is not absolute. It is a preference to be employed to the extent possible. The “super excess” language in Great West’s policy is merely an example of redundancy in contract drafting and not a command to recognize a never-before-seen “super excess” tier of insurance coverage.

The Seventh Circuit AFFIRMED the district court’s grant of summary judgment.

ZALMA OPINION

The Seventh Circuit applied the key fact about insurance: They are contracts. The words of the contract, if clear and unambiguous, will be applied by the courts. When a person dies as the result of a collision between a car and a Tractor-Trailer combination, the estate of the deceased wants as much as they can get from the defendant’s insurers. The insurers all have, as a matter of course, “other insurance” clauses and seek to pass the cost of defense and indemnity to other insurers insuring against the same risk of loss. The court read the insurance policies and relevant contracts and agreed with the trial court.

(c) 2026 Barry Zalma & ClaimSchool, Inc.

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00:08:46
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7 hours ago
Go Directly to Jail

Commit Insurance Fraud While on Probation Violation Requires Jail

Post number 5322

Read the full article at https://lnkd.in/gfnYSb8a, see the video at https://lnkd.in/gEu8EzYq and at https://lnkd.in/gzrJdPfC and at https://zalma.com/blog plus more than 5300 posts.

Jail is Necessary When Probation is Violated

In United States of America v. Sabine Oltmann, No. 25-60578, United States Court of Appeals, Fifth Circuit (April 9, 2026), Sabine Oltmann pleaded guilty to unauthorized opening of mail by a postal employee and was sentenced to two years’ probation.

Just two months into that term, however, she violated the conditions of her probation by submitting a false insurance claim and falsely reporting a crime. The district court revoked her probation and sentenced her to twelve months’ imprisonment followed by twelve months of supervised release.

Oltmann contended that this above-Guidelines revocation sentence is substantively unreasonable.

The USCA reviewes probation-revocation sentences under the ...

00:05:20
7 hours ago
Go Directly to Jail

Commit Insurance Fraud While on Probation Violation Requires Jail

Post number 5322

Read the full article at https://lnkd.in/gfnYSb8a, see the video at https://lnkd.in/gEu8EzYq and at https://lnkd.in/gzrJdPfC and at https://zalma.com/blog plus more than 5300 posts.

Jail is Necessary When Probation is Violated

In United States of America v. Sabine Oltmann, No. 25-60578, United States Court of Appeals, Fifth Circuit (April 9, 2026), Sabine Oltmann pleaded guilty to unauthorized opening of mail by a postal employee and was sentenced to two years’ probation.

Just two months into that term, however, she violated the conditions of her probation by submitting a false insurance claim and falsely reporting a crime. The district court revoked her probation and sentenced her to twelve months’ imprisonment followed by twelve months of supervised release.

Oltmann contended that this above-Guidelines revocation sentence is substantively unreasonable.

The USCA reviewes probation-revocation sentences under the ...

00:05:20
April 13, 2026
Adjuster is not an Insurer

There is no Privity Between Adjuster & an Insured

A Claim Against an Insurer for Wrongful Conduct Cannot Be Maintained Against Its Adjuster

Post number 5321

See the video at https://lnkd.in/gH6wPd45 and at https://lnkd.in/gB-7JpHZ and at https://zalma.com/blog plus more than 5300 posts.

In Lambert v. SafePort Insurance Company, et al., Civil Action No. 25-1446 (E.D. La. Apr. 2, 2026) (Morgan, J.) Plaintiff Lisa Lambert held a homeowner’s insurance policy issued by SafePort Insurance Company covering her property against windstorms and wind damage. After two separate windstorms damaged her home (the “First Wind Claim” and “Second Wind Claim”), she promptly reported both losses and attempted to mitigate damages.

FACTUAL BACKGROUND

SageSure Insurance Managers LLC acted as the claims adjuster/manager for SafePort. In both instances:

A field adjuster inspected the property and denied coverage, attributing the damage to “foundation settling as a result of earth movement” (an excluded peril that allegedly caused water pooling on the ...

00:08:04
April 02, 2026
Zalma’s Insurance Fraud Letter – April 1, 2026

ZIFL – Volume 30, Issue 7 – April 1, 2026

THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314

Posted on April 1, 2026 by Barry Zalma

Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ This issue contains the following articles about insurance fraud:

No One is Above the Law – Not Even a Police Officer

Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase

In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.

Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...

April 01, 2026
Zalma’s Insurance Fraud Letter – April 1, 2026

ZIFL – Volume 30, Issue 7 – April 1, 2026

THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314

Posted on April 1, 2026 by Barry Zalma

Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ This issue contains the following articles about insurance fraud:

No One is Above the Law – Not Even a Police Officer

Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase

In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.

Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...

March 31, 2026
Insurance Fraud Costs Everyone

Posted on March 30, 2026 by Barry Zalma

Insurance Fraud, a Way to Reduce Violent Crime
Post number 5313

A Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story helps to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the ­­­Perpetrators than any Other Crime.

She Taught Her Customers The Swoop And Squat:

Recently the California Insurance Department’s Fraud Division arrested a young woman in Los Angeles County for operating an insurance fraud school. She advertised her classes in the “Penny Saver” an advertising sheet distributed free to the public and a print version of Facebook, X Craig’s list. She had operated for several years teaching methods of committing automobile insurance fraud. Only after a police officer enrolled in one of her classes was she arrested.

Her defense ...

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