Associated Wholesale Grocers, Inc. v. Americold Corp.

The opinion of the court was delivered by

Six, J.:

This is a first impression pollution exclusion liability insurance excess coverage case involving a finding of bad faith for refusal to settle within policy limits. The judgments for plaintiffs totaled $58,670,754. The defendant excess carrier’s policy limit is $25 million. Our journey to resolution takes us deep into “insurance country,” where an unfamiliar landscape is dominated by both primaiy and excess carrier contractual relationships with the insured and the absence of case law controlling those relationships. Our vehicle is summary…