Maryland Casualty Co. v. Nationwide Mutual Insurance

Opinion

HALLER, J.

This case involves the allocation of defense costs among insurers—two of which paid for the insured’s defense (Maryland Casualty Company and National Union Fire Insurance Company of Pittsburgh, Pennsylvania) and one of which did not (Nationwide Mutual Insurance Company). The court shifted the entire defense burden to Nationwide under equitable subrogation principles. We conclude the court erred because the equitable contribution doctrine, not subrogation, applies. We reverse and remand for the court to equitably allocate defense costs among these insurers.

Facts

Nielsen…