Opinion
No. 1714.
November 10, 1969.
Appeal from Circuit Court for Broward County; Richard M. Sauls, Judge.
James A. Smith of Wicker, Smith, Pyszka, Blomqvist Davant, Miami, for appellant.
Theodore R. Hainline and Norman C. Roettger, Jr., of Fleming, O'Bryan Fleming, Fort Lauderdale, for appellee.
Affirmed.
McCAIN, J., and OVERTON, BEN F., Associate Judge, concur.
CROSS, C.J., dissents, with opinion.
This case concerns two insurance companies who issued policies of insurance covering the same risk, each company claiming coverage as being excess over any other valid and collectible insurance. I would prorate the liability according to their policy limits. See Pacific Indemnity Company v. Federated American Insurance Company, Wash. 1969, 456 P.2d 331.