Salvati v. American Insurance Co.

LIPEZ, Circuit Judge.

In this insurance dispute, we must decide whether the plaintiff in a wrongful death action, who reached a settlement with the defendants and their primary insurance carrier, can recover the amount exceeding the primary policy limits from the defendants’ excess insurer. The district court concluded that the settlement agreement did not trigger the excess policy because the agreement was not accompanied by a court judgment. Hence, it granted the excess insurer’s motion to dismiss the plaintiffs claims under the policy. While we disagree with the district court’s…