Philadelphia Indemnity Insurance v. Employers Insurance

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

JOHN A. WOODCOCK, JR., Chief Judge.

Philadelphia Indemnity Insurance Company (Philadelphia) sued Employers Insurance Company of Wausau (Wausau) for contribution for the cost of defending and settling a claim brought against an insured driver. Wausau counter-claimed seeking a judgment that Philadelphia is solely responsible for defense and settlement costs in excess of the driver’s primary insurance. Concluding that the Philadelphia policy is essentially a primary policy and the Wausau policy a true excess policy, the Court grants Wausau’s cross-motion…