Holland v. Stanley Scrubbing Well Service

OPINION

VERON, District Judge.

This is a personal injury arising out of an automobile accident in 1983 which occurred in Lake Charles, Louisiana. This Court has original jurisdiction because of the diversity of citizenship of the parties and amount in controversy. The issues of liability and damages have been settled pursuant to a compromise between the parties. However, there remains one legal issue for determination by this Court: Is Twin City Fire Insurance Company, an excess carrier, required to “drop-down” and act as a primary insurer where the primary insurer selected by the insured has…