Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. American Motorists Ins. Co

In action by plaintiff-insurance company seeking indemnity from defendant-insurance company for plaintiff-insured’s pay-out of $8.7 million settlement obtained from motorists injured in construction accident, Dist. Ct. did not err in finding that all settling entities, whether insured by defendant or not, should be deemed to have contributed equally to settlement figure where: (1) settlement agreement failed to apportion liability among settling entities; and (2) plaintiff failed to depose lawyers in underlying tort action to find out how they believed presence of several entities contributed to size of settlement. Thus, plaintiff could seek indemnity only for amounts attributable to defendant’s insureds.