Washington Insurance Guaranty Ass'n v. Guaranty National Insurance

ORDER GRANTING GNIC’S MOTION FOR SUMMARY JUDGMENT OF DISMISSAL AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

McGOVERN, District Judge.

Introduction

This matter presents the question of who is responsible for the costs of defending an insured whose primary insurer has gone bankrupt; is the state guaranty association or the umbrella insurer responsible in place of the primary insurer? The issue is presented on cross-motions for summary judgment and stipulated facts.

Plaintiff Washington Insurance Guaranty Association (WIGA) is a statutory creation composed of member insurers whose purpose is

to…