When Insurance Companies Fight Each Other
Sammamish Pointe, a condo association, made claims against the developer (Polygon) for defects and Polygon's insurers -- save one -- funded a $7.8 million settlement to the homeowners.
The funding insurers then turned on the holdout -- Great American Insurance Company -- for contribution. Division 1 held that Great American, an excess carrier, was required to kick into the settlement even though its underlying primary carrier was insolvent and thus didn't actually pay its underlying limits. That and other complexities related to equitable contribution amongst carriers are addressed in this new case.
