Estate of Louis Penn v. Amalgam. Gen. Agen.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a primary insurer owes an excess insurer “the same positive duty to take the initiative and attempt to negotiate a settlement within its policy limit that it owes to its assured.”
• explaining that a primary earner owes to the excess carrier the same positive duty it owes to the insured to take the initiative and attempt to negotiate settlement
• same relationship implied into contract between primary insurer and excess carrier
• reviewing disadvantages of equitable subrogation

Source: CourtListener parenthetical corpus (CC0).