Drake v. Ryan

OPINION

WAHL, Justice.

This appeal will determine whether a defendant is entitled to dismissal of the claims against him in a negligence action where the plaintiffs have fully released the defendant and his primary liability insurer up to the limits of the primary liability coverage but have expressly retained the right to pursue their claims against the defendant for additional damages up to the limits of the defendant’s excess liability insurance coverage. The district court denied appellant James Patrick Ryan’s motion for summary judgment but certified the question of the validity of the…