Cincinnati Ins. Co. v. Estate of Chee

In action by plaintiff-excess insurance company seeking declaration that it had no obligation to defend or indemnify defendant-insured in underlying action filed by estate of defendant’s wife against defendant for personal injuries sustained in car crash in which defendant was driver and in underlying action filed by wife’s estate against medical entities, in which said entities had filed third-party contribution actions against defendant, Dist. Ct. erred in finding that plaintiff owed duty to defend and indemnify defendant in estate’s action against defendant. Record showed that both defendant and his wife were insureds under policy, and policy precluded coverage for bodily injuries sustained by “any insured.” However, plaintiff owed duty to defend and indemnify defendant on contribution claims, because policy specifically allowed such coverage, and because any recovery on contribution claims would go to medical providers and not to defendant or estate. Fact that plaintiff must provide defense and indemnity in contribution claims did not mean that it had duty to defend and indemnify defendant in action by estate against defendant.