Reliance Insurance Company v. St. Paul Surplus Lines Insurance Company

CHAPMAN, Circuit Judge:

Reliance Insurance Company (Reliance) brought this action against St. Paul Surplus Lines Insurance Company (St. Paul) to recover one half of the amount Reliance paid to a mutual insured in settlement of a property damage claim. On submitted briefs, the district court found that where a property loss is covered by two insurance policies, both containing excess clauses, the loss should be apportioned on a pro rata basis according to the amount of coverage provided by each insurer. Thus, due to the fact that St. Paul’s coverage was one-thirtieth that of Reliance’s…