United States Fire Insurance Co. v. Transportation Casualty Insurance Co.

This is an appeal by United States Fire Insurance Company (U.S.Fire) from a Final Summary Judgment entered in favor of appellee, Transportation Casualty Insurance Company (Transportation Casualty) and from an Order of Partial Summary Judgment regarding pro-rata liability. We affirm the Order of Partial Summary Judgment regarding pro-rata liability, but we reverse and remand the Final Summary Judgment holding that a material issue of fact remains thereby precluding entry of such judgment.

On October 20, 1994, David Allen Bro-derick was killed in a motor vehicle accident when his vehicle…