Utica National Insurance Co. of Texas v. Fidelity & Casualty Co. of New York

OPINION

LAGARDE, Justice.

The pivotal issue in this case is which excess insurance policies apply to the total excess insurance obligation of $850,000. Utica National Insurance Company of Texas (Utica) appeals from a summary judgment in its favor against Fidelity & Casualty Company of New York (Fidelity) wherein the trial court determined that Fidelity’s pro rata contribution should, as a matter of law, be $283,333.33. In two points of error, Utica complains that the trial court erred in its determination of the pro rata apportionment between Utica and Fidelity. We overrule both points of error…