Excess Insurer v. Primary Insurer: Court of Appeals Recognizes Right of Excess Insurer to Recover from Primary Insurer for Bad Faith Failure to Settle Within Policy Limits


In an appeal settled last month, Scottsdale raised several issues, including that the trial court erred in entering summary judgment because Missouri law should permit an excess insurer to pursue a primary insurer for bad faith failure to settle within its policy limits, citing an equitable subrogation theory.

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