This motion concerned the priority of insurance policies following a motor vehicle accident.
The primary issue was whether a State Farm Personal Liability Umbrella Policy (PLUP) was a primary owner's policy or an excess policy, and its response sequence relative to a State Farm Automobile Policy and an Economical Insurance Automobile Policy.
The court determined that the State Farm PLUP was a true excess policy, not a motor vehicle liability policy under the Insurance Act, and would respond only after the primary coverages of both the State Farm Automobile Policy and the Economical Insurance Automobile Policy were exhausted.
The Economical Insurance Automobile Policy was found to be a primary, first-loss policy, responding alongside the State Farm Automobile Policy.
