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LEXINGTON INS. v. GENERAL ACC. INS. CO. OF AMERICA

No. 03-1124.

338 F.3d 42 (2003)

LEXINGTON INSURANCE COMPANY, Plaintiff, Appellee, v. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 4, 2003.

Attorney(s) appearing for the Case

Jonathan S. Reed, with whom Traub Eglin Lieberman Straus, Scott L. Machanic, and Cunningham, Machanic, Celtin, Johnson & Harney, LLP were on brief, for appellant.

Robert M. Elmer, with whom Allan E. Taylor and Taylor, Duane, Barton & Gilman, LLP were on brief, for appellee.

Before SELYA and LIPEZ, Circuit Judges, and PONSOR, District Judge.

SELYA, Circuit Judge.

Defendant-appellant General Accident Insurance Company of America (General Accident) claims that it is entitled to reimbursement from plaintiff-appellee Lexington Insurance Company (Lexington) for a pro rata share of defense costs incurred on behalf of the parties' mutual insured. The district court disagreed, and General Accident now appeals. We affirm.

The essential facts are not in dispute. General Accident issued a professional responsibility...

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