Policy Stated to be Excess Over Listed Other Insurance Is Truly Excess

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Mr Wise was severely injured and eventually settled with defendants for $3.5 million paid by various insurers. Then, in St. Paul Fire And Marine Insurance Company v. Pennsylvania National Mutual Casualty Insurance Company, Case No. 2:19-cv-05471-JDW, USDC,  Pennsylvania (March 8, 2021) St. Paul, as an excess insurer, attempted to be reimbursed for what it paid Mr. Wise from other 

ZALMA OPINION

Other insurance clauses often, as they did in this case, cause disputes that must be resolved by litigation. Since St. Paul’s policy was clearly excess over Penn National’s direct presentation of primary coverage, it was obligated to spend up to its available limits to resolve the case against its insured. It did nothing, offered nothing, and let St. Paul and FIC to fund the settlement to protect the insured. Once the insured was protected St. Paul sued and appropriately recovered its payment from the responsible insurer. Justice was done because the insured was protected and the only dispute was which insurer owed what to whom.