Landmark American Insurance Company v. Colony Insurance Company
Opinion
Trial Court Opinion
I. INTRODUCTION
On July 31, 2024, plaintiff Landmark American Insurance Company (“Landmark’’) filed this action against defendants Colony Insurance Company (“Colony”) and Country Mutual Insurance Company (“Country Mutual”). Dkt. 1 (‘Compl.”). Landmark asserts eight claims: (1) declaratory relief against Colony; (2) declaratory relief against Country Mutual; (3) equitable contribution against Colony; (4) equitable contribution against Country Mutual: (5) equitable subrogation against Colony; (6) equitable subrogation against Country Mutual: (7) unjust enrichment against Colony; and (8) unjust enrichment against Country Mutual. Id. §] 47-120. Landmark alleges that, as an excess insurer, it does not have a duty to defend or indemnify Cal Select Builders, Inc. (“Cal Select’) in underlying state court litigation until Cal Select’s policies with its primary insurers, Colony and Country Mutual, have been exhausted. Id. 52, 61. Landmark therefore seeks to recoup the more than $300,000 in payments that it has made toward Cal Select’s defense. Id. J 1, 69.