NAT. UNION FIRE INS. v. AM. MOTORISTS INS.

No. S97G1850.

504 S.E.2d 673 (1998)

NATIONAL UNION FIRE INSURANCE COMPANY v. AMERICAN MOTORISTS INSURANCE COMPANY.

Supreme Court of Georgia.

September 21, 1998.


Attorney(s) appearing for the Case

Glenn Scott Bass, Benjamin David Ladner, Goldner, Sommers, Scrudder & Bass, Atlanta, for National Union Fire Insurance Company.

E. Wycliffe Orr, Gainesville, Patricia St. Peter, Zelle & Larson, Minneapolis, MN, for American Motorists Insurance Company.


FLETCHER, Presiding Justice.

We granted certiorari in this case to consider whether an excess insurer is required to reserve its rights against a primary insurer before asserting later that additional primary insurance covers the claim. Because the excess insurer in this case was not seeking to deny coverage under its policy and had no contractual obligation to the primary insurer, we hold that there is no requirement that the excess insurer notify the primary insurer...

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