Empire Fire and Marine Insurance Companies v. Citizens Insurance Company of america/hanover Insurance

Summary

The Rhode Island Supreme Court affirmed the summary‑judgment decree in favor of Empire, holding that Citizens Insurance was the primary insurer of BMW Financial and therefore must reimburse Empire for all defense costs incurred. The Court read Citizens’ policy as a whole, giving the endorsement priority over the “other insurance” clause, and found no conflict requiring a pro‑rata apportionment. Accordingly, Citizens bears the full duty to defend and to pay the attorneys’ fees.