North American Capacity Insurance v. Claremont Liability Insurance

Opinion

FLIER, J.

INTRODUCTION

This is an action for equitable contribution between two insurers. North American Capacity Insurance Company (NAC) seeks equitable contribution from Claremont Liability Insurance Company (Claremont) for NAC’s alleged overpayment towards settlement of an underlying action against their mutual insured, general contractor ID Group, Inc. (JDG). The two insurers paid a total of $1.1 million on IDG’s behalf as part of a $2.2 million global settlement of a property owner’s underlying action for defective construction of a home. Of the $1.1 million settlement sum paid on…