John Burns Construction Co. v. Indiana Insurance

Plaintiffs, John Burns Construction Company (John Burns) and Royal Insurance Company (Royal), appeal from the trial court’s order granting defendant Indiana Insurance Company’s (Indiana Insurance) motion for judgment on the pleadings. At issue is whether an insurer to whom litigation is tendered may seek contribution from another insurer whose policy is applicable, where the insurer to whom tender is made has an “other insurance” clause in its policy, even though such action is contrary to the wishes of the insured. John Burns and Royal also appeal from the trial court’s order denying their…