Empire Fire & Marine Insurance v. Citizens Insurance Co. of America/Hanover Insurance

OPINION

Chief Justice SUTTELL,

for the Court.

The defendant, Citizens Insurance Company of America/Hanover Insurance (Citizens), appeals from a grant of summary judgment in favor of the plaintiff, Empire Fire and Marine Insurance Companies (Empire). Citizens contends that the hearing justice erred in granting summary judgment in favor of Empire for the complete reimbursement of attorneys’ fees expended by Empire in defending against a civil suit resulting from an accident caused by a driver insured by Citizens. Citizens argues that Empire was entitled only to a pro-rata apportionment of defense…