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Federal Insurance Company v. Northfield Insurance Co.

Court: SD Tx  08/29/2019  Southern District Allows Co-Insurer's Contribution Claims for Defense Costs to Proceed Despite Expiration of Statute of Limitations for Insured's Claims against the Co-Insurers

The court determined that prevailing Texas and Fifth Circuit law allows contribution claims to proceed even if they are derivative of the insured's claims for which the statute of limitations has expired.

commercial general liability insurance policy, umbrella liability insurance policy, duty to defend, contribution, equitable subrogation, reimbursement, co-insurers, common obligation or burden, time-barred claims, post-tender defense costs

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