National Union Fire Insurance v. American Motorists Insurance

Fletcher, Presiding Justice.

We granted certiorari in this case to consider whether an excess insurer is required to reserve its rights against a primary insurer before asserting later that additional primary insurance covers the claim. Because the excess insurer in this case was not seeking to deny coverage under its policy and had no contractual obligation to the primary insurer, we hold that there is no requirement that the excess insurer notify the primary insurer that it was “reserving its rights.” Therefore, we reverse the court of appeals.

National Union Fire Insurance Company issued an…