Westchester Fire Insurance Co. v. Stewart & Stevenson Services, Inc.

. OPINION

FRANK G. EVANS, Justice (Retired).

This is an insurance coverage dispute. Westchester Fire Insurance Company (“Westchester”), an excess insurer, appeals a summary judgment rendered in favor of its insured, Stewart & Stevenson Services, Inc. (“Stewart & Stevenson”). The issue on appeal is whether the primary insurer’s policy (the Lloyds policy) had exhausted its aggregate limits, thus requiring the Westchester policy to “drop down” and cover damages incurred by Stewart & Stevenson as the result of a lawsuit brought by Jesus Herrera, a former employee (the Herrera lawsuit).

I.FACTUAL…