RLI Insurance v. Philadelphia Indemnity Insurance

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

In this coverage dispute among insurance companies arising from the settlement of a state-court wrongful death lawsuit, the court must make an Erie-gaess concerning how the Texas Supreme Court would decide an issue of stacking of insurance policies and would allocate liability among four policies provided by three insurance carriers, each of whom moves for summary judgment.

I

This is a diversity action in which plaintiff RLI Insurance Company (“RLI”) sues defendants Philadelphia Indemnity Insurance Company (“PIIC”) and USF Insurance Company…