St. Paul Fire & Marine Ins. Co. v. Schilli Transportation Services, Inc.

Dist. Ct. erred in granting plaintiff-insurance company's motion for summary judgment in action seeking reimbursement from defendants-three insureds for costs and settlement amounts plaintiff spent on six underlying claims where plaintiff alleged that said reimbursements were required to satisfy $100,000 per claim deductible contained in relevant policy, and where Dist. Ct. found that each defendant was jointly and severally liable for deductibles associated with all six claims. Although plaintiff had valid claims against individual defendants for payment of said deductibles, policy language was ambiguous as to whether defendants were jointly and severally liable for all deductibles since policy did not contain express language making each insured jointly and several liable for all claims, and since policy contained "separation of protected persons" clause which could be construed as making insured responsible only for deductible generated on its own underlying claim(s).