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RELIANCE INS. CO. v. ST. PAUL SURPLUS LINES INS.

No. 84-1222.

753 F.2d 1288 (1985)

RELIANCE INSURANCE COMPANY, Appellant, v. ST. PAUL SURPLUS LINES INSURANCE COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 7, 1985.

Attorney(s) appearing for the Case

John F. Anderson, Fairfax, Va. (Boothe, Prichard & Dudley, Fairfax, Va., on brief), for appellant.

Kenneth G. Roth, Fairfax, Va. (Stephen L. Altman; Donahue, Ehrmantraut, & Mondedonico, Fairfax, Va., on brief), for appellee.

Before WINTER, Chief Judge and RUSSELL and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

Reliance Insurance Company (Reliance) brought this action against St. Paul Surplus Lines Insurance Company (St. Paul) to recover one half of the amount Reliance paid to a mutual insured in settlement of a property damage claim. On submitted briefs, the district court found that where a property loss is covered by two insurance policies, both containing excess clauses, the loss should be apportioned on a pro rata basis according to the amount...

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