Jostens, Inc. v. Mission Insurance Co.

SIMONETT, Justice.

May an insured, who defends itself, settle its claim for defense costs with its underlying insurer on a loan receipt agreement and then recover its defense costs from its umbrella carrier when, at the time the defense was tendered to both insurers, both arguably had primary coverage? The trial court held the umbrella carrier was solely liable for the insured’s defense costs, but the court of appeals, without reaching that issue, reversed, holding the insured was not the real party in interest. We reverse both the court of appeals and the trial court and remand for…