Kline v. American States Insurance Co

In Kline v. American States Insurance Co., 924 P.2d 1150 (Colo. App. 1996), the Court faced a conflict between a "limit of liability" provision and an "other insurance" provision. The Court concluded that the policies at issue were ambiguous, and the insurers were obligated to pay their share of the damages. Accordingly, both cases held that when a policy contains both a "limit of liability" provision and an "other insurance" provision similar to those contained in the USAA policy, the provisions are in conflict and make the policy ambiguous. In such a situation, the offset for the tortfeasor's liability payment must be proportionally shared by the separate carriers of underinsured motorist coverage. See Kline v. American States Insurance Co., supra