Legal Opinion

Home Indemnity Co. v. Mead Reinsurance Corp.

Court of Appeals of Arizona

Decided October 25, 1990No. 2 CA-CV 90-0102PublishedCited by 4 opinions

1Opinion of the Court

OPINION

LACAGNINA, Judge.

The issue presented here is whether, in the absence of a trial to determine and settle facts and multiple theories of liability, an insurer who defends under a reservation of rights because some, but not all of the alleged claims were covered under the policy, can settle the claims against the insured and then seek indemnification from other carriers for the entire settlement amounts, alleging the settled claims were not covered by its policy. We hold it cannot do so, but it can require indemnity for a share of the settlement amounts.

The Home Indemnity Company (Home)…

2Cases cited7 opinions

  1. C. H. Heist Caribe Corporation v. American Home Assurance CompanyCourt of Appeals for the Third Circuit · 1981
  2. Coburn v. City of TucsonArizona Supreme Court · 1984
  3. Pacific Indemnity Co. v. LinnDistrict Court, E.D. Pennsylvania · 1984
  4. National Indemnity Co. v. St. Paul Insurance CompaniesArizona Supreme Court · 1986
  5. Bach v. StateCourt of Appeals of Arizona · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Nucor Corp. v. Employers InsuranceCourt of Appeals of Arizona · 2012
  2. National Fire Insurance v. James River InsuranceDistrict Court, D. Arizona · 2016
  3. Mic Property and Casualty Insurance Corp., a Michigan Corporation v. International Insurance Company, an Illinois CorporationCourt of Appeals for the Tenth Circuit · 1993
  4. Navigators Specialty Insurance v. Nationwide Mutual InsuranceDistrict Court, D. Arizona · 2014

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API