Travelers Property Casualty Insurance Co. of America v. National Union Insurance

MELLOY, Circuit Judge.

Travelers Property Casualty Insurance Company of America (“Travelers”) appeals the district court’s adverse grant of summary judgment on its claims against Kansas City Power & Light (“KCPL”) and National Union Insurance Company of Pittsburgh, Pennsylvania (“National Union”) for $10 million in subrogation proceeds. We affirm in part and reverse in part, holding Travelers, as the excess insurer, is entitled to a priority interest in the subrogation proceeds representing insured losses.

I. Background

KCPL is a public utility company located in Kansas City, Missouri. In…