Legion Insurance v. Empire Fire & Marine Insurance

This appeal arises from a contribution and declaratory judgment action brought by plaintiff-counterdefendant Legion Insurance Company (Legion) against defendant-counterplaintiff Empire Fire & Marine Insurance Company (Empire) concerning their mutual insured, Barreo Industries, Inc. (Barreo). Empire also filed a counterclaim for a declaratory judgment, seeking a declaration that it did not owe Barreo a duty to defend or indemnify. After the parties filed cross-motions for summary judgment on both the complaint and the counterclaim, the trial court granted Empire’s motion and denied Legion’s…