3978 REVIEW DENIED A policy issued by one insurer providing coverage in excess of other insurance, which it defined as insurance other than that which was primary or purchased by the insured to be in excess of the insurance under this policy, and a policy issued by another insurer providing coverage in excess of other insurance, which it defined as other primary, excess, or excesscontingent insurance not scheduled on this policy, did not place the insurers in the same position with respect to other carriers, and required the first carrier to provide coverage immediately upon exhaustion of primary policy limits, but required the second carrier to provide coverage only when the limits of all other available coverage were exceeded.

CARMEL DEVELOPMENT v RLI INSURANCE (Double Excess) 126 CA4 502 [See: Maryland Cas v Nationwide Mut 81 CA4 1082, T/AT 8/00; Fireman's Fund v Maryland Cas 65 CA4 1279, T/AT 9/98]