Legal Opinion

Alabama Ins. Guar. Ass'n v. Kinder-Care, Inc.

Supreme Court of Alabama

Decided September 1, 1989No. 88-187, 88-188PublishedCited by 10 opinions

1Opinion of the Court

These appeals are from summary judgments in an insurance case involving a primary insolvent excess insurer and the effect that that insurer's insolvency has on a secondary excess liability insurer and on the obligations of the Alabama Insurance Guaranty Association. The trial court entered a summary judgment for Fireman's Fund Insurance Company, holding that Fireman's Fund was not required to "drop down" to meet the obligations of an insolvent excess insurer and entered a summary judgment for Kinder-Care, Inc., holding that the Alabama Insurance Guaranty Association was under a duty to pay…

2Cases cited2 opinions

  1. Mission National Insurance Company v. Duke Transportation Company, Inc., Duke Transportation, Inc. v. Mission National Insurance CompanyCourt of Appeals for the Fifth Circuit · 1986
  2. Alabama Ins. Guar. Ass'n v. Magic City Trucking Service, Inc.Supreme Court of Alabama · 1989

3Cited by10 opinions

  1. Oglesby v. Liberty Mutual Insurance Co.Supreme Court of Oklahoma · 1992
  2. Wells Fargo Bank v. California Insurance Guarantee Ass'nCalifornia Court of Appeal · 1995
  3. Span, Inc. v. Associated International InsuranceCalifornia Court of Appeal · 1991
  4. Denny's, Inc. v. Chicago InsuranceCalifornia Court of Appeal · 1991
  5. Alabama Ins. Guar. Ass'n v. HammSupreme Court of Alabama · 1992

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