Universal Underwriters Insurance v. Allstate Insurance

The defendant, Allstate Insurance Company (Allstate), appeals the decision of the Superior Court {Goode, J.) in a declaratory judgment action filed by the plaintiff, Universal Underwriters Insurance Company (Universal), requesting a declaration of Allstate’s obligation to share responsibility, where there were two insurance policies covering a single accident. Allstate argues that the trial court erred when it ruled that Allstate was obligated to share defense and indemnity expenses with Universal on a pro rata basis. For the reasons that follow, we reverse.

The facts are not in dispute. On…