United States Fidelity & Guaranty Co. v. Alliance Syndicate, Inc.

Pekin Insurance Company (hereinafter Pekin) filed against Fidelity & Guaranty Company Underwriters, Inc. (hereinafter Fidelity), a counterclaim for declaratory judgment to recover from Fidelity a payment it made pursuant to an excess insurance policy it had issued to Gencon Building Corporation (hereinafter Gencon). In its counterclaim, Pekin alleged that, pursuant to the "other insurance” clauses of the policies issued by itself and Fidelity to Gencon, the two underwriters were to share liability on a pro rata calculated basis such that Fidelity owed Pekin $855,000.

Pekin filed a motion for…