Court Allocates Settlement Percentages to Insurers

Summary of Builders Mutual Ins. Co. v. Wingard Properties, Inc. (D.S.C., September 28, 2010)

The underlying action which involved water damage resulting from construction defects was settled by defendants’ two insurers. Addressing the amount of the pro rata share between the insurers, the court held that the most equitable manner to distribute the amount attributed to time the defendant was uninsured was to divide it evenly between the two insurance carriers.