Progressive Insurance v. National American Insurance

This is a contribution action between two motor vehicle liability insurers. Plaintiff defended and settled a personal injury claim against its insured, Eugene Fastener & Supply Co., Inc. (Eugene Fastener), that arose from a motor vehicle accident. Plaintiff then brought this action for contribution against defendant, which also insured Eugene Fastener against motor vehicle bability claims for the same coverage period. The parties filed cross-motions for summary judgment; the trial court granted plaintiffs motion and denied defendant’s motion. Defendant appeals.

The primary issues on appeal are…