Why Escape Clauses Are Disfavored
The applicable principle appears to be that “escape” clauses are not favored in the law and that, where they are in conflict with the “other insurance” clause in another policy covering the same risk, with the result that if both clauses are given validity the insured is left unprotected, the “escape” clause will be disregarded and the “other insurance” clauses in both policies will be given effect on the basis of applicable proration.
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