St. Paul Fire & Marine Insurance v. Medical Protective Co.

MEMORANDUM AND ORDER

KELLY, District Judge.

This matter comes on for decision now on the parties’ respective motions for summary *878judgment. This action is between a primary liability insurance carrier and an excess liability insurance carrier disputing the division of their respective financial responsibilities for a sizable malpractice judgment against their insureds. The issue before the Court is whether the defendant’s three primary liability policies should be exhausted before the plaintiff is legally obligated to pay under its two excess liability policies. This case is in the nature of a…