General Accident Insurance Co. of America v. Safety National Casualty Corp.

OPINION

PADOVA, District Judge.

This diversity action requires the Court to determine the extent of an excess insurer’s duty to contribute toward the costs of defending its insured. The parties agree that this dispute may be resolved summarily, and each has filed an appropriate motion for summary judgment under Federal Rule of Civil Procedure 56(c). 1 For the following reasons, I conclude that the excess insurer in this case, defendant Safety National Insurance Corporation (“Safety National”), has an equitable duty to contribute on a pro rata basis toward the costs of defending its insured. I…