Am. Family Mut. Ins. Co. v. Regent Ins. Co.
Annotate this CaseA guest (“Guest”) at an apartment complex fell of a third-story apartment’s balcony, rendering him quadriplegic. Guest sued the apartment complex’s ownership (“Owner”) and management (“Manager”) under theories of joint and several liability. American Family Mutual Insurance Company held liability policies covering both Owner and Manager. Regent Insurance Company held liability policies covering Manager, but the parties disputed whether the policies also covered the “same risk” for Owner as an additional insured. American Family settled with Guest and sued Regent for equitable contribution toward the payment it made to Guest under the settlement agreement. The district court granted summary judgment in favor of American Family. The Supreme Court affirmed, holding that the district court did not err in its apportionment of the common obligation toward Guest’s settlement.
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