Colony Insurance Co. v. First Mercury Insurance Co.

Court: SD Tx  09/22/2020  Court Finds Issue of Fact in Dispute Between Excess Insurers

Court finds that settling excess insurer possessed subrogation right against co-excess insurer but finds issue of fact as to liability.

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subrogationvoluntary paymentpolicy periodrelation backcontractual subrogationprimary exhaustionMid-Continent v. Liberty Mutualexcess liability insuranceequitable subrogationmotion for summary judgment

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