Am. States Ins. Co. v. Ins. Co. of Pa.

On March 23, 2016, this Court issued its Memorandum and Order (ECF No. 156) granting the Motion for Summary Judgment (ECF No. 85) filed by Plaintiff American States Insurance Company ("American States" or "American") on grounds that Defendant Insurance Company of the State of Pennsylvania ("ICSOP") had a primary duty to defend its insured, Sierra Pacific Industries ("Sierra"), in various lawsuits arising from the so-called "Moonlight Fire." 1 The Court concurrently denied ICSOP's correspondingly heard Motion for Summary Judgment (ECF No. 99). 2 Having established ICSOP's primary *1097 duty to defend, American States moved for summary judgment on its remaining equitable contribution claim, arguing that ICSOP should pay the fees and costs it incurred in defending Sierra based on the respective policy limits of the ICSOP and American policies. 3 By Memorandum and Order filed May 23, 2017 (ECF No. 177), this Court denied American's motion on grounds that the policy limits approach advocated by American was not the most equitable way to apportion defense costs between American and ICSOP. The Court further noted that apportioning contribution based on the alleged relative fault of…