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HENDRIX v. FIREMAN'S FUND INS. CO.

No. 90-CA-001696-MR.

823 S.W.2d 937 (1991)

Sheila D. HENDRIX, Administratrix of the Estate of Gary W. Hendrix, Deceased, Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court March 4, 1992.

Attorney(s) appearing for the Case

Fred E. Fischer, Louisville, for appellant.

Harry K. Herren and Susan R.H. Gernert, Woodward, Hobson & Fulton, Louisville, for appellee.

Before EMBERTON, HUDDLESTON and WILHOIT, JJ.

HUDDLESTON, Judge.

Sheila D. Hendrix, administratrix of the estate of her late husband, Gary W. Hendrix, appeals from a summary judgment which declared that Fireman's Fund Insurance Company, the issuer of a blanket excess liability policy providing coverage for claims in excess of $5,500,000.00, is not required to "drop down" and pay a $1,000,000.00 settlement which would have been assessed against a first level excess carrier but for its insolvency. Because we believe...

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