In Old Republic National Title Insurance Co. v. First American Title Insurance Co., 2015 U.S. Dist. LEXIS 44693, the U.S. District Court for the Middle District of Florida refused to dismiss portions of a cedent’s breach of contract claim, bad faith claim, and demand for declaratory judgment against a reinsurer. The reinsurance dispute arose when a cedent negotiated a $41 million settlement with the underlying insured, and the reinsurer paid its portion of the claim under a reservation of rights. After making its payment, …
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Excess Insurer Required to Share Defense Costs Equally
This declaratory judgment action stems from a motor vehicle accident where claimants allege that the driver of a tractor-trailer struck and injured them. The plaintiff Old Republic Insurance Company (Old Republic) provided a defense to the driver, the lessee of the tractor – DAM Express Delivery Service (DAM) and the owner of the trailer – Coca-Cola (Coke) in the underlying action.
The owner of the tractor, Ryder Transportation Services (Ryder), obtained insurance through Old Republic covering DAM and Ryder on a primary basis with respect …
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