Excess Insurer Required to Share Defense Costs Equally

This declaratory judgment action stems from a motor vehicle accident where claimants allege that the driver of a tractor-trailer struck and injured them. The plaintiff Old Republic Insurance Company (Old Republic) provided a defense to the driver, the lessee of the tractor – DAM Express Delivery Service (DAM) and the owner of the trailer – Coca-Cola (Coke) in the underlying action.

The owner of the tractor, Ryder Transportation Services (Ryder), obtained insurance through Old Republic covering DAM and Ryder on a primary basis with respect …

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