ELMWOOD PLANTATION, INC. v. RUUD WATER HEATER DIV.

No. 86-3090.

815 F.2d 1016 (1987)

ELMWOOD PLANTATION, INC., Plaintiff, Walbrook Insurance Co., Ltd., Intervenor-Appellant, v. RUUD WATER HEATER DIVISION, Defendant, National Union Fire Insurance Co. of Pittsburgh, Pa., Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

May 1, 1987.


Attorney(s) appearing for the Case

Kevin O'Bryon, Donald A. Hammett, New Orleans, La., for intervenor-appellant.

Dermot S. McGlinchey, Eve Barrie Masinter, New Orleans, La., for intervenor-appellee.

Before CLARK, Chief Judge, WISDOM and HIGGINBOTHAM, Circuit Judges.


WISDOM, Circuit Judge:

This is a suit between a primary and an excess insurer. The issue is whether a primary insurer is obligated to contribute to a settlement an amount in excess of its policy limit where the settlement is in lump sum form, and where the primary and excess insurers made no separate agreement to allocate specific portions of the lump sum to payment of the plaintiff's judicial interest, court costs, and attorneys' fees. The primary insurer refused...

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