Drake v. Ryan

OPINION

DAVIES, Judge.

The plaintiffs, defendants, and primary insurer executed an agreement releasing defendants from any personal liability arising from an automobile accident and their primary insurer from its contractual obligation, but preserving the liability of the excess insurer. The trial court upheld the release and certified the question of its validity. We affirm, and answer the certified questions.

FACTS

On December 21, 1988, appellant James Ryan (“Ryan”) collided with a caí driven by respondent lone Drake. Ryan was driving a car owned by his brother, Richard Ryan. The Ryans were…