2007 California Insurance Code Chapter 7. Double Insurance

CA Codes (ins:590-591)

590.  A double insurance exists where the same person is insured by
several insurers separately in respect to the same subject and
interest.


591.  In case of double insurance, the several insurers are liable
to pay losses thereon as follows:
   (a) In fire insurance, each insurer shall contribute ratably,
without regard to the dates of the several policies.
   (b) In marine insurance, the liability of the several insurers for
a total loss, whether actual or constructive, where the policies are
not simultaneous, is in the order of the dates of the several
policies.  No liability attaches to a second or other subsequent
policy, except as to the excess of the loss over the amount of all
previous policies on the same interest.  If two or more policies bear
the same date, they are deemed to be simultaneous, and each insurer
on simultaneous policies shall contribute ratably.  The insolvency of
any of the insurers does not affect the proportionate liability of
the other insurers.
   All insurers on the same marine interest shall contribute ratably
for a partial or average loss.