Following a tragic incident where the defendant intentionally drove her vehicle into a river, killing two children, civil actions were commenced.
The defendant's insurer, Aviva, denied liability coverage but was required to pay the statutory minimum.
The plaintiff's underinsurer, State Farm, settled the plaintiff's claim and brought a motion seeking an order that Aviva pay 50% of the costs of that settlement.
The court granted the motion, finding that because Aviva remained an active participant in the litigation to maximize its credit on a separate underinsurance claim, it should share the costs burden equally with State Farm.
