Great West Casualty Co. v. Nationwide Agribusiness Insurance Co.

In an insurance coverage case arising out of an underlying wrongful death action, the parties filed a declaratory judgment action to determine which of two insurance policies should pay first for damages in the underlying lawsuit. The district court concluded that the companies had equal payment priority. The Seventh Circuit affirmed, agreeing that the insurance companies had equal payment priority as excess policies and were required to pay the amount proportionate to their respective coverage limits. (EASTERBROOK and ST. EVE, concurring)