context: Rather, CU would be liable for the full amount of Payless's liability as the only insurer. In fact, during oral argument, CU's counsel agreed that if we determined that CU provided primary coverage and USF & G provided excess coverage, then the $200,000 SIR was no longer at issue. If the SIR truly was self-insurance as CU wants to define that term, then the SIR would arguably be primary regardless of what we determined USF & G's coverage to be. CU's concession cements our conclusion that the SIR is nothing more than a deductible contracted between Payless and USF & G. Because the SIR contained in the USF & G policy is not "other insurance" within the meaning of CU's "other insurance" clause, CU's policy provides the only insurance coverage for the first $200,000 of Payless's liability (subject of course to the $10,000 SIR in CU's own policy).
citation_a.signal: see
citation_a.identifier: 889 F.2d 180, 180
citation_a.parenthetical: applying Minnesota law and holding that, up to the higher deductible contained in one of two applicable insurance policies, only one insurance policy provided coverage so that its "other insurance" clause was not triggered
citation_a.sentence: See Cargill, Inc., 889 F.2d at 180 (applying Minnesota law and holding that, up to the higher deductible contained in one of two applicable insurance policies, only one insurance policy provided coverage so that its “other insurance” clause was not triggered); cf. Wallace v. TriState Ins. Co. of Minn., 302 N.W.2d 337, 340-41 (Minn.1980) (holding that the excess carrier was liable only for the insured’s deductible, which was not covered by the primary insurer).
citation_b.signal: cf.
citation_b.identifier: 302 N.W.2d 337, 340-41
citation_b.parenthetical: holding that the excess carrier was liable only for the insured's deductible, which was not covered by the primary insurer
citation_b.sentence: See Cargill, Inc., 889 F.2d at 180 (applying Minnesota law and holding that, up to the higher deductible contained in one of two applicable insurance policies, only one insurance policy provided coverage so that its “other insurance” clause was not triggered); cf. Wallace v. TriState Ins. Co. of Minn., 302 N.W.2d 337, 340-41 (Minn.1980) (holding that the excess carrier was liable only for the insured’s deductible, which was not covered by the primary insurer).