DOUBLE INSURANCE. Is where divers insurances are made upon the same interest in the same subject against the same risks in favor of the same assured, in propor tions exceeding the value, 1 Phillips, Ins. 366.
A like excess in one policy is over-insurance. If the valuation of the•whole interest in one policy is double that in another, and half of the value is insured in each policy according to the valuation in that policy, it is not a double insurance; its being so or not depends on the aggregate of the pro portions, one-quarter, one-half, etc., insured by each policy, not upon the aggregate of the amounts.
2. In England, each underwriter is liable for the whole amount insured by him until the assured is fully indemnified, and either on paying over his proportion pro rata is entitled to contribution from the other; but no one can be liable over the rate at which the subject is rated in his policy.
In the United States, the policies generally provide that the prior underwriters shall be liable until the assured is fully indemnified, and underwriters for the excess are exone rated; but the excess is to be ascertained by the aggregate of the proportions, as a quar ter, half, etc., to make up the integer. 1 Phillips, Ins. 361; 1 W. Blackst. 416; 1 Burr. 489 ; 15 B. Monr. Ky. 432, 452; 18 Ill. 553.
In the United States, by a clause usually introduced into policies, the prior under writers are liable until the whole value is covered, and subsequent underwriters are exonerated as to the surplus amount. This clause does not apply to double insurance by simultaneous policies. 1 Phillips, Ins. 362; 5 Serg. & R. Penn. 475.