Pacific Indemnity Co. v. Bellefonte Insurance

Opinion

BENKE, Acting P. J.

In this action between successive third party liability carriers, Bellefonte Insurance Company (Bellefonte) appeals a summary judgment in favor of Pacific Indemnity Company (Pacific), determining Bellefonte had a duty to defend its insured in underlying litigation. We are unpersuaded by Bellefonte’s contention the “owned property” exclusion of its policies barred coverage. We agree, however, that equitable contribution principles require proration of defense costs notwithstanding the “excess-only” “other-insurance” provision of Pacific’s policies. Accordingly, we…