20-1362. Insurance with other insurers
A. There may be a provision as follows:
"Insurance with other insurers: If there be other valid coverage, not with this
insurer, providing benefits for the same loss on other than an expense incurred basis and
of which this insurer has not been given written notice prior to the occurrence or
commencement of loss, the only liability for such benefits under this policy shall be for
such proportion of the indemnities otherwise provided hereunder for such loss as the like
indemnities of which the insurer had notice (including the indemnities under this policy)
bear to the total amount of all like indemnities for such loss, and for the return of
such portion of the premium paid as shall exceed the pro rata portion for the indemnities
thus determined."
B. If the provision is included in a policy which also contains the policy
provision set out in section 20-1361 there shall be added to the caption of the provision
set forth in subsection A of this section the phrase "--other benefits." The insurer
may, at its option, include in this provision a definition of "other valid coverage,"
approved as to form by the director, which definition shall be limited in subject matter
to coverage provided by organizations subject to regulation by insurance law or by
insurance authorities of this or any other state of the United States or any province of
Canada, and to any other coverage the inclusion of which may be approved by the
director. In the absence of such definition the term shall not include group insurance,
or benefits provided by union welfare plans or by employer or employee benefit
organizations. For the purpose of applying the policy provision with respect to any
insured, any amount of benefit provided for the insured pursuant to any compulsory
benefit statute, including any workers' compensation or employer's liability statute,
whether provided by a governmental agency or otherwise shall in all cases be deemed to be
"other valid coverage" of which the insurer has had notice. In applying the policy
provision no third party liability coverage shall be included as "other valid coverage."
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