The Sixth Circuit today guessed what the Supreme Court of Kentucky would do.  It concluded that the Court would recognize a claim by an excess insurance carrier against a primary insurance carrier for stupidly failing to settle a case within primary policy limits.  Nat’l Surety Corp. v. Hartford Casu. Ins. Co., No. 06-6168 (6th Cir. July 30 2007).

Barry Barnett

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