National Indemnity Co. v. St. Paul Insurance Companies

OPINION

GREER, Judge.

The issue in this case is whether one insurer may recover from a second insurer for contribution for the costs of defense of their mutual insured. We find that such contribution is proper and reverse the granting of summary judgment in favor of the non-contributing insurer.

The facts are not in dispute. Long’s Portable Stalls, Inc., leases portable horse stalls. Long’s was insured by appellant National Indemnity Company (National). Long’s leased portable barns to the Aid to Zoo National Horse Show and the Phoenix Zoo Auxiliary (PZA). Pursuant to the lease agreement, the…