United States Fidelity & Guaranty Co. v. Continental Casualty Co.

Plaintiff, United States Fidelity and Guaranty Company (USF&G), a primary insurer, appeals from the dismissal of its amended complaint filed against defendant, Continental Casualty Company (CNA), excess insurer, seeking a declaratory judgment as to its rights to recover the amount it had expended for settlement purposes allegedly in excess of the primary limits of its policy. The underlying cause of action which precipitated USF&G’s declaratory action concerns a lawsuit filed by Gustaf Brehmer and his wife against St. Anne’s Hospital on November 12, 1979, seeking damages for injuries…