Insurance Company of North America v. Royal Indemnity Company

WEICK, Circuit Judge.

This appeal involves a controversy between two liability insurance companies as to the proportionate part which each should bear of the amount paid to the estate of Kenneth Williams, deceased, in settlement of a claim for wrongful death arising out of a head-on collision between a tractor-trailer unit and Williams’ pickup truck.

The District Court granted summary judgment in favor of Royal Indemnity (Royal), holding that Royal is liable for %ist of the amount paid in settlement and that Insurance Company of North America (INA) is liable for 2%ists of the amount paid in…