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ST. PAUL MERCURY INS. CO. v. LEXINGTON INS. CO.

No. 95-20544.

78 F.3d 202 (1996)

ST. PAUL MERCURY INSURANCE COMPANY; Centennial Insurance Company, Plaintiffs-Appellant Cross-Appellees, v. LEXINGTON INSURANCE COMPANY; Landmark Insurance Company, Defendants-Appellee Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

March 27, 1996.

Attorney(s) appearing for the Case

Kimberley Hall Seger and Daniel D. Pipitone, Pipitone, Schauer, Simank & Ledbetter, Corpus Christi, TX, for St. Paul Mercury Ins. Co.

Julia M. Adams and Karen Klaas Milhollin, Phelps Dunbar, Houston, TX, for Centennial Ins. Co.

Evelyn S. Tatum and Clayton C. Cannon, Stumpf & Falgout, Houston, TX, for Lexington Ins. Co.

G. Mark Wham, Michael A. Starzyk, Wham & Pool, Houston, TX, for Landmark Ins. Co.

Before KING, WIENER and BENAVIDES, Circuit Judges.

WIENER, Circuit Judge:

The primary issue presented by this appeal is the effect of conflicting "other insurance" clauses on the obligations of primary and excess insurance carriers to contribute to a settlement entered into by the insured. Applying Texas law, the district court prorated liability first among the primary carriers, and then among the excess carriers, in proportion to the amount of insurance provided by the insurers...

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