PHICO Insurance v. Aetna Casualty & Surety Co. of America

Entry Ruling On Motions

TINDER, District Judge.

This action was brought by PHICO Insurance Company (“PHICO”), an excess insurer, against Aetna Casualty and Surety Company of America, Travelers/Aetna Property-Casualty Corporation (“Aetna”), 1 a primary insurer. Aetna tendered the policy limits in an underlying tort action brought against its insureds; thereafter, PHICO settled with the plaintiffs in the underlying action. PHICO has sued Aet-na to recover the sums paid in that settlement. PHICO filed two motions for partial summary judgment, and Aetna filed a motion for summary judgment on…