Gurley v. Fisher

WATKINS, Judge.

On October 21, 1988, Carolyn Gurley and Wenda Holmes were passengers in a vehicle owned by Ms. Holmes and driven by Caroline Fisher when it collided with another vehicle. Ms. Gurley and Ms. Holmes sued, among others, Ms. Fisher and her insurer, Certified Lloyd’s Plan (Certified Lloyd’s). They also sued Ms. Holmes’s insurer, Champion Insurance Company. Because Ms. Fisher was driving a non-owned vehicle, the ordinary order of the liability policies would have been: Champion, primary; followed by Certified Lloyd’s, secondary.

Champion was declared insolvent on June 5, 1989. As a…