Insurance Co. of North America v. Travelers Insurance Co.

Although I agree with that part of the majority’s opinion in which it finds that INA’s coverage did not extend to the Brewer claim, I must dissent from its conclusion that the trial court erred by finding that Travelers should bear the cost of the Brewer settlement. Respectfully, I believe that the majority’s emphasis on INA’s failure to reserve its rights comes at the expense of addressing the lack of any actual prejudice suffered by Travelers.

The majority candidly concedes that “INA’s coverage did not extend to the Brewer claim.” Despite making this point, the majority finds that INA was…