When Empire Insurance Company paid the claim for losses sustained by a car hire company when the hirer crashed their Lamborghini, it sought to recover its outlay from Allstate Insurance who insured the driver who was responsible for damage to the vehicle under the rental contract. The court held that Allstate was not entitled to
After the Zurich American Insurance Co (ZAIC) in Missouri, USA paid out a claim on wrongful death from asbestos exposure, it sought a contribution from Insurance Company of North America (INA). The claim for contribution failed because the INA policy had a pollution exclusion but the principles of contribution between insurers were discussed.
The facts
A Los Angeles appeal court ordered two excess insurers to contribute pro rata to a $4 million settlement of a lawsuit by a building inspector who was paralysed after falling from a ladder at a construction site. Westchester Insurance Co was the excess insurer of the general contractor and Hudson Specialty Insurance Co was excess
A New York judge ordered insurers to contribute equally to damages claims by two parties who were injured at the construction site of the new Goldman Sachs’s headquarters. Settlement was $20 million of which the primary insurer paid $1 million. The remaining insurers had policies that provided essentially the same level of cover. They were