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ALABAMA INS. GUAR. ASS'N v. KINDER-CARE, INC.

88-187, 88-188.

551 So.2d 286 (1989)

ALABAMA INSURANCE GUARANTY ASSOCIATION v. KINDER-CARE, INC. KINDER-CARE, INC. v. FIREMAN'S FUND INSURANCE COMPANY.

Supreme Court of Alabama.

September 1, 1989.

Attorney(s) appearing for the Case

Karon O. Bowdre of Rives & Peterson, Birmingham, for Alabama Ins. Guar. Ass'n.

Euel A. Screws, Jr. of Copeland, Franco, Screws & Gill, Montgomery, for Kinder-Care, Inc.

John M. Milling, Jr. of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for Fireman's Fund Ins. Co.

ADAMS, Justice.

These appeals are from summary judgments in an insurance case involving a primary insolvent excess insurer and the effect that that insurer's insolvency has on a secondary excess liability insurer and on the obligations of the Alabama Insurance Guaranty Association. The trial court entered a summary judgment for Fireman's Fund Insurance Company, holding that Fireman's Fund was not required to "drop down" to meet the obligations of an insolvent excess...

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