Mission Insurance v. United States Fire Insurance

The plaintiff, Mission Insurance Company (Mission), seeks a declaration under G. L. c. 231 A, § 1 (1986 ed.), that the defendant, United States Fire Insurance Company (U.S. Fire), must contribute to a tort claim settlement negotiated by Mission and two primary insurers. On cross motions for summary judgment, a Superior Court judge agreed *493with U.S. Fire’s view that the insurance provided by U.S. Fire is excess of that provided by Mission, and therefore U.S. Fire need not contribute to the settlement until the Mission policy is exhausted. We granted Mission’s application for direct appellate…