Gerling America Ins. Co. v. American International Specialty Lines Ins. Co.
An insurer for a construction company seeks equitable contribution and subrogation for defense costs incurred in connection with two lawsuits against its insured. It has sued 10 insurance companies that insure subcontractors who worked for the construction company on a defectively built condominium project. The subcontractors policies named the construction company as an additional insured.
The trial court dismissed the lawsuit. Court reverse. Appellant has stated a cause of action for equitable contribution against its co insurers. Further, appellant must be given leave to amend its pleading to allege that it is an excess insurer relative to respondents.
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