Canadian Universal Insurance v. Employers Surplus Lines Insurance

This is an appeal by Canadian Universal Insurance Company, .defendant and primary insurer, seeking reversal of a final judgment on the cross-claim of defendant excess insurer in the amount of $38,751.66, representing the excess insurer’s attorney’s fees and costs in defending a bad faith action brought by the plaintiffs against both insurers.

As a result of their infant daughter sustaining severe brain damage due to the negligent handling of her delivery, plaintiffs filed suit against James Archer Smith Hospital, Canadian Universal Insurance Company as primary insurer up to $100,000, and…