Commercial Union Insurance v. Liberty Mutual Insurance

Plaintiff appeals as of right from the trial court’s denial of plaintiffs motion for judgment notwithstanding the verdict or for new trial and from the court’s order taxing costs and attorney fees.

In 1968, Edith Webster was injured at her work at WXYZ-TV. Liberty Mutual was WXYZ’s primary insurance carrier, and its policy limit was $100,000. Commercial Union was WXYZ’s excess insurance carrier. Edith Webster and her husband sued WXYZ, and, despite attempts to settle, the parties went to trial. Liberty Mutual defended WXYZ. Following that trial in 1973, a jury awarded the Websters $100,000.…