There may be a provision as follows:

If an accident or sickness or accident and sickness policy or policies previously issued by the insurance company to the insured be in force concurrently herewith, making the aggregate indemnity for . . . . . . . . . . . . . . . . . . (insert type of coverage or coverages) in excess of $. . . . . . . . . (insert maximum limit of indemnity or indemnities) the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to his estate, or, in lieu thereof:

Insurance effective at any one time on the insured under a like policy or policies in this insurance company is limited to the one such policy elected by the insured, his beneficiary or his estate, as the case may be, and the insurance company will return all premiums paid for all other such policies.

History: Laws 1984, ch. 127, § 440.

"Other insurance" provision not against public policy. — Apart from statutory authority a provision such as that in the second paragraph of Subsection C of former 59-18-5 NMSA 1978 was not against public policy. Where plaintiff was covered by an individual policy and a family policy, both issued by the same insurer, the provisions of which were identical, the court properly held the "other insurance" provision valid. Bell v. Weinacker, 1975-NMCA-134, 88 N.M. 557, 543 P.2d 1185.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 774 to 778.

Insured's receipt of or right to workmen's compensation benefits as affecting recovery under accident, hospital, or medical expense policy, 40 A.L.R.3d 1012.

Resolution of conflicts, in non-automobile liability insurance policies, between excess or pro-rata "other insurance" clauses, 12 A.L.R.4th 993.

Allocation of defense costs between primary and excess insurance carriers, 19 A.L.R.4th 107.

Priority and apportionment of liability between medical and hospital expense insurers, 25 A.L.R.4th 1022.

46 C.J.S. Insurance § 1367 et seq.