A court of the Southern District of Texas granted a primary insurer’s motion for summary judgment against an excess insurer, holding that the primary insurer is entitled to equitable contribution for payment beyond its proportionate share of the liability because (1) the policies present conflicting “other insurance” clauses, (2) the primary insurer’s payment was reasonable and not voluntary, and (3) the excess insurer admitted to the conflict among the “other insurance” clauses.
