SAN JOSE – A Columbus, Ohio-based insurance company claims that a Kansas insurer did not pay its share of a settlement.

Nationwide Mutual Insurance Co. filed a complaint for equitable contribution on May 18 in the U.S. District Court for the Northern District of California, San Jose Division against First Specialty Insurance Corp.

According to the complaint, both parties were insurers of a subcontractor that was subject to litigation. The plaintiff holds First Specialty Insurance Corp. responsible because the defendant allegedly failed to pay its share of the settlement.

The plaintiff seeks reimbursement of $885,937.50 for the overpaid amount from the defendant; interest from Feb. 10 through May 10 of $22,148; interest after May 10 at the rate of $7,382.81 per month; all legal fees and any other relief as the court deems just. It is represented by David H. Waters and Katherine A. Scott-Smith of Burnham Brown in Oakland.

U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-02679

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