Federal Insurance Co. v. Everest National Insurance Co.

OPINION

Opinion by

Justice O’NEILL.

This case involves the allocation of liability between two insurance companies with a common insured. Federal Insurance Company (“Federal”) issued an insurance policy to River Run Townhomes Owners, Inc., a homeowner’s association (“HOA”), covering claims against the HOA’s directors and officers. Everest National Insurance Company (“Everest”) insured the HOA under a commercial general liability policy. After a lawsuit by several homeowners against the HOA (“HOA Suit”) was settled, Everest sought a declaration of its rights to recover a portion of its costs of…