Cargill, Inc. v. Ace American Insurance Co.

OPINION

STAUBER, Judge.

Pursuant to Minn. R. Civ.App. P. 103.03(i), the district court certified the following question for appellate review as important and doubtful: “Can a court order primary insurers, who insure the same insured for the same risks, and whose policies are triggered for defense purposes, to be equally liable for the costs of defense where there is otherwise no privity between the insurers?” Because an insured, as a part of its contractual duty to cooperate, has an affirmative obligation to preserve the insurer’s opportunity to obtain contribution from other primary insurers…