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LECHNER v. SCHARRER

No. 87-2311.

145 Wis.2d 667 (1988)

429 N.W.2d 491

JoAnn F. LECHNER, Plaintiff, v. Frank B. SCHARRER, Washington County and Ideal Mutual Insurance Company, Defendants-Respondents, The HOME INSURANCE COMPANY, Blue Cross & Blue Shield of Wisconsin and Integrity Mutual Insurance Company, Defendants, PROTECTIVE NATIONAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 6, 1988.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Douglas J. Carroll, of Arnold, Murrary, O'Neill & Schimmel, of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Joseph J. Ferris of Kasdorf, Lewis & Swietlik, S.C., of Milwaukee.

Before Scott, C.J., Brown, P.J., and Netteshiem, J.

SCOTT, C.J.

This appeal raises the issue of whether, under certain circumstances, an excess insurer's coverage "drops down" to assume the liability of a primary insurer when that primary insurer becomes insolvent. We conclude that the answer is dependent on the language of the excess insurance policy. Where the excess insurer agrees to be liable for the excess of the "amount recoverable" under the primary insurances, as the excess insurer in this case agreed, the...

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