Legal Opinion
Puritan Insurance Company v. Canadian Universal Insurance Company, Ltd., D/B/A Canadian Universal Insurance Company, Inc.
Court of Appeals for the Third Circuit
Decided October 15, 1985No. 85-1002PublishedCited by 47 opinions
1Opinion of the Court
*77OPINION OF THE COURT
WEIS, Circuit Judge.
An insurance company which had issued an excess policy received a judgment against the primary carrier because of its failure to settle a claim that had resulted in an unfavorable verdict against their common insured. On this appeal we hold that under applicable Pennsylvania law an excess insurer’s rights against a primary carrier are based on equitable subrogation to those of the insured. When the decision to try, rather than settle, a personal injury suit is approved by the insured, neither it nor the excess insurer may recover from the primary…
2Cases cited14 opinions
- Rova Farms Resort, Inc. v. Investors Insurance Co. of AmericaSupreme Court of New Jersey · 1974
- Crisci v. Security InsuranceCalifornia Supreme Court · 1967
- Cowden v. Aetna Casualty & Surety Co.Supreme Court of Pennsylvania · 1957
- Boston Old Colony Ins. Co. v. GutierrezSupreme Court of Florida · 1980
- Insurance Co. of North America v. CarnahanSupreme Court of Pennsylvania · 1971
9 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Twin City Fire Insurance Company v. Country Mutual Insurance CompanyCourt of Appeals for the Seventh Circuit · 1994
- Bill Gray Enterprises, Incorporated Employee Health And Welfare Plan v. Ronald L. GourleyCourt of Appeals for the Third Circuit · 2001
- Cooper Laboratories, Inc. v. International Surplus Lines Insurance CompanyCourt of Appeals for the Third Circuit · 1986
- NAT. UNION FIRE INS. CO. OF PITTSBURGH v. Ins. Co. of N. America, Texas Court of Appeals, 14th District (Houston)1997
- Greater New York Mutual Insurance Company v. The North River Insurance Company Crum and Forster Holdings, Inc. Rodin Management Incorporated Crown Park Investors (d.c. Civil No. 94-Cv-05223). North River Insurance Company v. Greater New York Mutual Insurance Company (d.c. Civil No. 94-Cv-05554), Greater New York Mutual Insurance CompanyCourt of Appeals for the Third Circuit · 1996
42 more not listed; retrieve them via the Exa API.