Legal Opinion

Selective Way Ins. v. Fireman's Fund Ins.

Court of Special Appeals of Maryland

Decided February 2, 2023No. 0753/21Published

1Opinion of the Court

Selective Way Insurance Co. v. Fireman’s Fund Insurance Company, et al., No. 753, Sept. Term 2021. Opinion by Arthur, J. EQUITABLE CONTRIBUTION AMONG INSURERS – EFFECT OF SETTLEMENT AGREEMENT Under the doctrine of equitable contribution, a primary insurer that pays more than its proportionate share of the costs of defending a lawsuit against an insured may have a right of contribution from other insurers that provided primary liability insurance coverage to the same insured. This right of contribution belongs to each insurer individually and exists independently of the contractual rights of…

2Cases cited78 opinions

  1. Secretary of State of Md. v. Joseph H. Munson Co.Supreme Court of the United States · 1984
  2. Fireman's Fund Insurance v. Maryland Casualty Co.California Court of Appeal · 1998
  3. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
  4. Hartford Accident & Indemnity Co. v. Scarlett Harbor Associates Ltd. PartnershipCourt of Special Appeals of Maryland · 1996
  5. Robeson v. StateCourt of Appeals of Maryland · 1979

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