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WESTCHESTER FIRE v. AMERICAN CONTRACTORS

No. 01-97-00593-CV.

1 S.W.3d 872 (1999)

WESTCHESTER FIRE INSURANCE COMPANY, Appellant, v. AMERICAN CONTRACTORS INSURANCE COMPANY RISK RETENTION GROUP, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

September 2, 1999.

Attorney(s) appearing for the Case

Larry R. Veselka, Gregory Philip Sapire, Houston, Robert A. Chaney, Chicago, IL, for Appellant.

Giorgio Caflisch, Houston, James W. Bradford, Jr., Angleton, J. "Buster" Brown, Lake Jackson, Cynthia Hollingsworth, Dallas, for Appellee.

Panel consists of Chief Justice SCHNEIDER and Justices WILSON and ANDELL.

OPINION

ERIC ANDELL, Justice.

We are asked to decide whether an excess insurer is entitled to equitable subrogation against a primary insurer for breach of its Stowers duty,1 when the initial settlement demand exceeded the limits of the primary policy. The trial court rendered summary judgment for defendant/appellee, American Contractors Insurance Company Risk Retention Group. We affirm.

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