Western Agricultural Insurance v. Industrial Indemnity Insurance

OPINION

GARBARINO, Judge.

Appellant Western Agriculture Insurance Company (“Western”) sued Industrial Indemnity Insurance Company (“Industrial”) seeking contribution for the payment of a fire loss to premises leased by Industrial’s insured to Western’s insured.

Appellant raises three issues for our consideration:

1. Does the doctrine of equitable contribution apply to the facts of this case?

2. Does the “other insurance” provision in Western’s or Industrial’s policy apply?

3. Does the lease between the insureds reflect an intention to share the risk of a fire loss?

The trial court granted…