HORACE MANN INS. v. COLONIAL PENN INS.

No. S-2962.

777 P.2d 1162 (1989)

HORACE MANN INSURANCE COMPANY, Appellant, v. COLONIAL PENN INSURANCE COMPANY, Appellee.

Supreme Court of Alaska.

July 28, 1989.


Attorney(s) appearing for the Case

Mark A. Sandberg, Camarot, Sandberg & Smith, Anchorage, for appellant.

Robert L. Eastaugh, Delaney, Wiles, Hayes, Reitman & Brubaker, Anchorage, for appellee.

Before MATTHEWS, C.J., and RABINOWITZ, COMPTON and MOORE, JJ.


OPINION

COMPTON, Justice.

This case arises out of litigation between Colonial Penn Insurance Company (Colonial Penn) and Horace Mann Insurance Company (Horace Mann). Colonial Penn sued Horace Mann, seeking to compel it to contribute its pro rata share of settlement and defense costs provided by Colonial Penn to a joint insured. Colonial Penn maintained that its "pro rata" other insurance clause conflicted with...

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