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HOME INDEM. CO. v. MEAD REINSURANCE CORP.

No. 2 CA-CV 90-0102.

166 Ariz. 59 (1990)

800 P.2d 46

The HOME INDEMNITY COMPANY, a New Jersey corporation, Plaintiff/Counterdefendant/Appellant/Cross-Appellee, v. MEAD REINSURANCE CORPORATION, an Illinois corporation; Integrity Insurance Company, a New Jersey corporation; and Maricopa County, a body politic, Defendants/Counterclaimants/Appellees/Cross-Appellants, INTEGRITY INSURANCE COMPANY, a New Jersey corporation, Crossclaimant/Appellee, v. MEAD REINSURANCE CORPORATION, an Illinois corporation, Crossdefendant/Appellant.

Court of Appeals of Arizona, Division 2, Department A.

October 25, 1990.

Attorney(s) appearing for the Case

Heron, Burchette, Ruckert & Rothwell by Michael E. Bradford and Colleen L. French, Phoenix, for plaintiff/counterdefendant/appellant/cross-appellee.

Gallagher & Kennedy, P.A. by W. Charles Thomson, III and Jeffrey T. Pyburn, Phoenix, for defendant/counterclaimant/appellee/cross-appellant and crossdefendant/appellant Mead Reinsurance Corp.

Fennemore Craig by Nancy L. Rowen and Diane M. Evans, Phoenix, for defendant/counterclaimant/appellee and crossclaimant/appellee Integrity Ins. Co.

Robbins & Green, P.A. by William H. Sandweg, III and Dwayne E. Ross, Phoenix, for defendant/appellee Maricopa County.

OPINION

LACAGNINA, Judge.

The issue presented here is whether, in the absence of a trial to determine and settle facts and multiple theories of liability, an insurer who defends under a reservation of rights because some, but not all of the alleged claims were covered under the policy, can settle the claims against the insured and then seek indemnification from other carriers for the entire settlement amounts, alleging the settled claims were not covered by...

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