Omni Development Corp. v. Atlas Assurance Co. of America

Opinion by

Judge DAVIDSON.

In this declaratory judgment action, defendant, Atlas Assurance Company of America, appeals from the summary judgment entered against it in favor of Insurance Company of North America (INA) as the intervenor seeking reimbursement for insurance proceeds paid by INA to plaintiffs, Omni Development Corporation (Omni) and Dennis Witte. We affirm.

In 1982, Hampden Center Limited (HCL) acquired, among other properties, a five-story office building subject to a senior mort gage held by Teachers’ Insurance and Annuity Association (TIAA). INA provided insurance for TIAA’s…