No Contribution Between Primary and Excess Insurers

The great joys of insurance coverage include that it has its own specialized and highly complex language, that it relies on abstract concepts and theory that amount to a sort of philosophy, and that often the facts produce multiple possible legal interpretations. Usually one of these is the “best” but not necessarily the “right” answer.
What often looks to some like a legal fog, however, has a number of pretty clear principles that cut down many arguments like wheat before the reaper.
Such is Travelers Casualty & Surety Co. v. Ins. Co. of the State of Pennsylvania, 2006 WL 149005 (N.D. Cal. January 19, 2006). This case reiterated the rule, under California law, that there is no right of contribution between primary and excess levels of insurance. The rest of the case, however, features a ripping good debate over contribution between primary insurers.

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