Commercial Union Insurance v. Royal Insurance Co.

WATHEN, Chief Justice.

Defendant, Royal Insurance Company, appeals from a summary judgment entered in the Superior Court (Cumberland County, Brodrick, J.) holding Royal liable for a share of the defense costs incurred by plaintiff, Commercial Union Insurance Company, in defending the insureds, Francis Downey and Fill-it-Up Please, Inc. Commercial Union cross appeals from the court’s apportionment of the defense costs. Finding no error, we affirm the judgment.

In 1990, Elliott Speers brought an action against Francis Downey and Fill — it—Up Please, Inc. The complaint alleged that during 1988,…