WARE v. CARROM HEALTH CARE PRODUCTS, INC.

No. EC86-218-S-D.

727 F.Supp. 300 (1989)

Clara WARE, Plaintiff, v. CARROM HEALTH CARE PRODUCTS, INC., Defendant.

United States District Court, N.D. Mississippi, E.D.

December 19, 1989.


Attorney(s) appearing for the Case

Wilbur Colom, Dennis Harmon, Columbus, Miss., for plaintiff.

J. Carter Thompson, Jr., Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., for International Ins. Co.

Shane F. Langston, Holcomb, Dunbar, Connell, Chaffin & Willard, Jackson, Miss., for Everest and Jennings Intern., EV-JEN Medical, and Carrom Health Care Products, Inc.

Taylor B. Smith, Threadgill, Smith, Sanders & Jolly, Columbus, Miss., for St. Paul Fire and Marine Ins. Co.


OPINION

SENTER, Chief Judge.

This cause is before the court on cross motions for summary judgment. In short, "we are asked to declare the winner in a game of grammatical tug-of-war between an excess insurer and an insured over whether an excess insurance policy `drops down'1 in place of a policy issued by a now-insolvent primary insurer." Transco Exploration Co. v. Pacific Employers Insurance Co., 869 F...

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