Seats Inc. v. Nutmeg Insurance Co.

Nutmeg Insurance Company appeals from a grant of summary judgment to Seats Incorporated holding Nutmeg liable for costs incurred by Seats to defend and settle a product liability suit. The issue is whether the trial court erred in determining that Nutmeg's excess policy did not require Seats to carry underlying insurance coverage, and that any recovery by Seats was subject only to a $10,000 self-insured retention.

We conclude that the policy did require Seats to maintain underlying insurance coverage. Furthermore, because the settlement fell within the applicable limit of underlying insurance…