United States Fire Insurance v. American National Fire Insurance

SHEPPARD JR., J.,

Third-party defendant Liberty Mutual Fire Insurance Company has filed a motion for summary judgment requesting that the joinder complaint of American National Fire Insurance Company against Liberty be dismissed. This motion raises, inter alia, several novel issues under Pennsylvania law concerning the relationship between a primary and an excess insurer. Because this court concludes that the primary insurer, Liberty, may have had a duty under two distinct theories to notify the excess insurer, American, that its interests were at risk, Liberty’s motion is denied.

BACKGROUND

Some…