Gould, Inc. v. Cont’l Cas. Co – Case Brief Summary (Pennsylvania)

In Gould, Inc. v. Cont'l Cas. Co., 401 Pa. Super. 219, 585 A.2d 16, 19 (Pa. Super. Ct. 1991), the Superior Court of Pennsylvania held that, where an insured settled with one of several insurers liable under primary insurance policies for damages paid by the insured, "the terms of the insurance policy will determine the amount of coverage that the insurer is obligated to pay."

The Superior Court stated that, "in the event that the policy contains an 'other insurance' or 'pro rata' clause, and the coverage for which one insurer is being held liable is covered by the insurance provided by another insurer, the first insurer will be entitled to prorate the amount of coverage." Id.

Such reduction in the first insurer's liability would prevent it from being required to pay coverage for which other insurers were liable. Id.