Vedder v. Continental Western Insurance Company

Declaratory judgment action to determine primacy of coverage between insurers of Defendant in underlying PI suit, and of ambulance service for which Defendant worked as a volunteer when her personal vehicle collided with that of Plaintiff in PI suit. Defendant's policy is primary and other insurer's policy is excess; thus, Defendant's insurer is obligated to pay for entire defense of ambulance service. Excess insurer has no obligation to defend or indemnify Defendant until limits of primary policy are exhausted. (SPOMER and WEXSTTEN, concurring.)