TURNER INS. AGENCY v. CONTINENTAL CAS. INS. CO.

87-1267.

541 So.2d 471 (1989)

TURNER INSURANCE AGENCY v. CONTINENTAL CASUALTY INSURANCE COMPANY.

Supreme Court of Alabama.

March 10, 1989.


Attorney(s) appearing for the Case

John W. Clark, Jr. and J. Allen Schreiber of Clark & Scott, Birmingham, for appellant.

W. Michael Atchison and Allan R. Wheeler of Starnes & Atchison, Birmingham, for appellee.


MADDOX, Justice.

The primary issue presented is whether an insurance agency which was responsible for securing excess liability coverage for an insured, and which was sued by the insured and judgment creditors of that insured to recover damages in excess of the primary coverage, and which then added the primary insurer as a plaintiff because it was a real party in interest, could counterclaim against that primary liability carrier for negligent failure to settle...

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