Employers' Liability Assurance Corp. v. Glens Falls Insurance

HOWARD, Chief Judge.

This is a controversy between two insurance liability carriers that insured, under separate policies,. Mr. and Mrs. M. O. Simpson. A lawsuit was brought against the Simpsons by Mrs. M. Heiderich. Mrs. Heiderich obtained a judgment which appellant contends should be paid equally by the two carriers and which appellee contends should be prorated on a five-sixths and one-sixth basis.

Both parties agree that unless there was an agreement to modify the terms of the two policies, appellant would be liable for five-sixths of the judgment and appellee would be liable for one-sixth…