Azco Hennes-Sanco, Ltd. v. Wisconsin Insurance Security Fund
Court of Appeals of Wisconsin
1Opinion of the CourtEich, C. J.
We decide in this case that an excess liability insurer, Mission National Insurance Company, owed no duty under the terms of its policy to defend its insured and is not responsible for attorney fees and other costs, where the primary carrier provided a defense and the action was settled within the limits of the primary-level policy — even though the plaintiffs' claims originally exceeded the limits of the primary-level policy.
The facts are not in dispute. Two employees of Azco Hennes-Sanco, Ltd., were injured in a plant explosion and sued the company, one seeking $24,000,000 in damages, and…
2Cases cited17 opinions
- Signal Companies, Inc. v. Harbor Ins. Co.California Supreme Court · 1980
- American Motorists Insurance v. Trane Co.District Court, W.D. Wisconsin · 1982
- Professional Office Buildings, Inc. v. Royal Indemnity Co.Court of Appeals of Wisconsin · 1988
- Mission National Insurance Company v. Duke Transportation Company, Inc., Duke Transportation, Inc. v. Mission National Insurance CompanyCourt of Appeals for the Fifth Circuit · 1986
- Patrick v. Head of the Lakes Cooperative Electric Ass'nCourt of Appeals of Wisconsin · 1980
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