Vigilant Insurance Company v. Lincoln General Insurance Comp

MEMORANDUM

This is an action for contribution among insurers arising under Nevada law. We have jurisdiction pursuant to 28 U.S.C. §§ 1332 and 1291. As the facts and procedural history are familiar to the parties, we recite them here only as necessary to explain our decision.

Defendant-Appellant Lincoln General Insurance Co. (Lincoln) appeals the district court’s grant of summary judgment in favor of Plaintiffs-Appellees Vigilant Insurance Co. (Vigilant) and Government Employees Health Insurance Co. (GEI-CO). By its order, the district court held that Lincoln was required to reimburse Vigilant and GEICO for the $250,000 each contributed to settle an underlying personal injury lawsuit arising from an automobile accident involving their insured, Dr. Barry Root, while he was driving a rental car. We affirm.

Dr. Root purchased the supplemental insurance offered by DTG Operations, Inc. (Dollar) at a car rental counter in Las Vegas, Nevada. The supplemental insurance had two parts: Dollar’s primary self-insurance (the Primary Protection), and Lincoln’s Supplemental Liability Insurance (the Lincoln SLI policy). The Primary Protection provided for insurance against third party personal…