Philadelphia Indemnity Insurance Co. v. Lexington Insurance Co.

MATHESON, Circuit Judge.

Philadelphia Indemnity Insurance Company (“Philadelphia”) and Lexington Insurance Company (“Lexington”) insured the same school building that suffered fire damage. In this declaratory judgment action, they dispute their relative responsibilities to pay for the loss.

Charter school Tulsa School of Arts and Sciences (“TSAS”) leased the Barnard Elementary School building from the Independent School District No. 1 of Tulsa County, Oklahoma (“District”). As required under the lease, TSAS acquired an insurance policy for the Barnard building. The policy TSAS purchased through…