Mid-Continent Insurance Company, Appellant v. Liberty Mutual Insurance Company, Appellee

Summary

The Texas Supreme Court answered the certified questions and held that an overpaying primary insurer has no right of reimbursement from a co‑primary insurer in the circumstances presented. The Court rejected both a contractual contribution claim and any subrogation claim because the policies contain pro rata clauses and the insured was fully indemnified. A concurring Justice agreed with the answer and reasoning.