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Great American Insurance Co. v. Employers Mutual Casualty Co.

Court: ND Tx  10/15/2020  Courts Finds No Issue of Fact in Allocation Dispute

A court of the Northern District of Texas granted summary judgment in favor of an excess liability insurer and against a subrogating excess insurer seeking to recover overpayment for settlement, finding that the settlement agreement funded by the subrogating co-insurer did not allocate the settlement among three defendants involved in a trucking accident or between direct and vicarious liability of one of the defendants. The court further found affidavit testimony offered by the trial counsel for the defendants and the claims handler for the subrogating insurer concerning allocation conclusory.

excess liability policy, commercial auto policy, trucking accident, settlement, allocation, direct vs. vicarious liability, reasonable allocation, mathematical certainty, other insurance, subrogation

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