Excess Insurer Did Not Control Insured’s Defense, 8th Circuit Says In Reversal

(August 13, 2019, 1:41 PM EDT) -- ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Aug. 12 reversed and remanded a lower court’s summary judgment ruling in favor of a child care facility operator insured in an excess insurer’s lawsuit disputing coverage for an underlying $6,032,585 jury award that exhausted the primary insurer's policy limits, finding that the excess insurer did not control the underlying defense and must be given an opportunity to establish that the jury award included damages for noncovered and covered claims (RSUI Indemnity Company v. New Horizon Kids Quest, Inc., No. 17-3567, 8th Cir., 2019 U.S. App. LEXIS 23943)....

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