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2807 REVIEW DENIED Equitable subrogation allows an excess insurer to recover all its defense costs from a primary insurer, while equitable contribution requires defense costs to be allocated among insurers furnishing the same level of coverage; under a policy that listed additional insureds and provided that coverage for their vicarious liability was primary and that all their other insurance coverage was excess did not change the additional insureds' other primary policies into excess policies, so equitable contribution, rather than equitable subrogation, applied to allocation of defense costs.
MARYLAND CAS v NATIONWIDE (Subrogation / Contribution) 81 CA4 1082 [See: Maryland Cas v Nationwide 65 CA4 21, T/AT 7/98; Fireman's v Maryland Cas 65 CA4 1279, T/AT 9/98]
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