Legal Opinion
Owners Insurance v. State Auto Property & Casualty Co.
District Court, W.D. Kentucky
Decided October 8, 2013No. Civil Action No. 3:12-CV-737-HPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOHN G. HEYBURN, District Judge.
In this declaratory action between two insurers, Plaintiff, Owners Insurance Company (“Owners Insurance”), has moved for summary judgment claiming reimbursement from Defendant, State Auto Property and Casualty Company (“State Auto”) for a pro rata share of one-half of the $259,000 settlement paid in the underlying non-motor vehicular personal injury action. State Auto contends that Owners Insurance’s policy is primary and thus State Auto has no duty to reimburse.
This dispute requires the Court to reconcile two decisions of Kentucky’s…
2Cases cited17 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Pennington v. State Farm Mutual Automobile InsuranceCourt of Appeals for the Sixth Circuit · 2009
- In Re: Dow Corning Corp., Debtor. Bear Stearns Government Securities, Inc. v. Dow Corning Corp.Court of Appeals for the Sixth Circuit · 2005
- George S. Talley v. State Farm Fire and Casualty Company Homeside Lending, Inc.Court of Appeals for the Sixth Circuit · 2000
- Northland Insurance Company v. Guardsman Products, Inc.Court of Appeals for the Sixth Circuit · 1998
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3Cited by1 opinion
- Old Republic Insurance Company v. Stratford Insurance CompanySupreme Court of New Hampshire · 2016