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NATIONAL SUR. CORP. v. HARTFORD CAS. INS. CO.

No. 06-6168.

493 F.3d 752 (2007)

NATIONAL SURETY CORPORATION, Plaintiff-Appellant. v. HARTFORD CASUALTY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 30, 2007.

Attorney(s) appearing for the Case

ARGUED: Barry M. Miller, Fowler, Measle & Bell, Lexington, Kentucky, for Appellant. Douglas L. Hoots, Landrum & Shouse, Lexington, Kentucky, for Appellee. ON BRIEF: Barry M. Miller, Fowler, Measle & Bell, Lexington, Kentucky, for Appellant. Douglas L. Hoots, Landrum & Shouse, Lexington, Kentucky, for Appellee.

Before: RYAN, DAUGHTREY, and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

When a primary insurer against tort liability refuses to settle and then loses at trial for amounts greater than its coverage limits, what recourse does an excess insurer have against the primary insurer? This case involves the issue of whether, under Kentucky law, an excess insurer can recover against a primary insurer pursuant to the doctrine of equitable subrogation, either for the primary insurer's failure in good faith...

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