Arkwright-Boston Manufacturers Mutual Insurance Company v. Aries Marine Corporation

EDITH H. JONES, Circuit Judge:

In this case, we decide whether an excess maritime policy insurer is entitled to reimbursement of funds basically equivalent to the policy’s retained limit, which the company paid on behalf of its insured. The district court denied the excess insurer’s motion for summary judgment and entered judgment for the insured on the ground that the insurer was estopped to seek reimbursement. 736 F.Supp. 1447. There being no genuine issue of material fact and the excess insurer being entitled to judgment as a matter of law, we reverse and render as to liability and remand…