Ace American Insurance Co. v. Fireman's Fund Insurance Co.

Opinion

COLLINS, J.—

INTRODUCTION

A film industry worker was seriously injured on a film set. His employer had two primary insurance policies with Fireman’s Fund Insurance Company, and an excess insurance policy with Ace American Insurance Company. The injured worker sued, Fireman’s Fund defended the case, and the case eventually settled with the participation of and contributions from both insurers.

Ace American then sued Fireman’s Fund for equitable subrogation, alleging that the injured worker initially offered to settle his case within the limits of the Fireman’s Fund policies, and that…