Employers Insurance v. General Accident, Fire & Life Assurance Corp.

OPINION OF THE COURT

Edward S. Conway, J.

This is a motion by the plaintiff, Employers Insurance of *977Wausau (hereinafter referred to as Wausau), for an order granting it summary judgment for the relief requested in the complaint, that is, 50% reimbursement of the settlement figure in the underlying action as well as 50% of the defense costs.

The defendants oppose the motion and cross-move for an order restricting plaintiff’s recovery to $125,000 plus costs and interest.

The underlying action is a declaratory judgment action brought by plaintiff to determine the rights and liabilities of the…