Continental Casualty Co. v. North American Specialty Ins., et al.

Three primary insurers and one excess carrier appealed the district court's determination on summary judgment of their duties to defend a contractor who allegedly was responsible for a fire that occurred during construction. The district court held that the three primary insurers must split the costs initially spent by one of them defending the insured, while the excess insurer could not recover any of its defense costs from the primary insurers. The court concluded that National Union could seek reimbursement for its defense costs from Continental, Columbia, and North American through contractual subrogation. The district court did not err in its allocation of Continental's defense costs among Continental, Columbia, and North American. Therefore, the court affirmed the district court's judgment in part and reversed in part, and the court remanded for further proceedings. View "Continental Casualty Co. v. North American Specialty Ins., et al." on Justia Law