Western Indemnity Insurance v. American Physicians Insurance Exchange

JONES, Justice.

This appeal arises out of a dispute between two insurance companies. American Physicians Insurance Exchange (“APIE”), appel-lee, sued American International Surplus Lines Insurance Company (“AISLIC”), 1 appellant, seeking a declaratory judgment that AISLIC was obligated to share the costs of defending their common insured, Dr. David L. Martin, in a malpractice action. On cross-motions for summary judgment, the trial court concluded that the liability of the carriers was concurrent and granted summary judgment in favor of APIE. In a single point of error, AISLIC contends the…