Starr Indemnity & Liability Company's Motion for Summary Judgment is DENIED. Starr has not met its burden on summary judgment to show that retained limit the policy was not satisfied. Navigators Insurance Company is suing for equitable indemnity, contribution and subrogation by Starr for a portion of Navigator's $10 million contribution to a settlement of underlying personal injury action involving Starr's insured, MTS.
Starr moves for summary judgment arguing that the "retained limit" in the policy was not satisfied in the underlying action and therefore, Starr has no duty to reimburse Navigators.
The policy at issue here is excess insurance. It is captioned: "Special Excess Liability Policy for Public Entities." Primary insurance provides coverage immediately upon the occurrence of a loss giving rise to liability. Excess policies only provide coverage upon the exhaustion of a specified sum, which is referred to as the policy's "attachment point." The attachment point in this policy
Hearing Date
September 13, 2018
Category
Civil - Unlimited
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Starr Indemnity & Liability Company's Motion for Summary Judgment is DENIED. Starr has not met its burden on summary judgment to show that retained limit the policy was not satisfied. Navigators Insurance Company is suing for equitable indemnity, contribution and subrogation by Starr for a portion of Navigator's $10 million contribution to a settlement of underlying personal injury action involving Starr's insured, MTS.
Starr moves for summary judgment arguing that the "retained limit" in the policy was not satisfied in the underlying action and therefore, Starr has no duty to reimburse Navigators.
The policy at issue here is excess insurance. It is captioned: "Special Excess Liability Policy for Public Entities." Primary insurance provides coverage immediately upon the occurrence of a loss giving rise to liability. Excess policies only provide coverage upon the exhaustion of a specified sum, which is referred to as the policy's "attachment point." The attachment point in this policy