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MARICOPA COUNTY v. FEDERAL INS. CO.

No. 2 CA-CV 88-0154.

157 Ariz. 308 (1988)

757 P.2d 112

MARICOPA COUNTY, Home Indemnity Company, a corporation; C & D Pipeline, Inc., a corporation, Plaintiffs/Appellants, v. FEDERAL INSURANCE COMPANY, a corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

May 19, 1988.

Attorney(s) appearing for the Case

Robbins & Green, P.A. by William H. Sandweg III and Paul J. McGoldrick, Phoenix, for plaintiffs/appellants.

Crampton, Woods, Broening & Oberg by James R. Broening and Kenneth C. Miller, Phoenix, for defendant/appellee.

OPINION

HATHAWAY, Judge.

A cross-motion for summary judgment was granted in favor of appellee, Federal Insurance Co. (Chubb), and against appellants Maricopa County and Home Indemnity Co. At issue is whether an excess liability carrier must pay a claim falling within the coverage of the primary insurer where the primary insurer is insolvent. We agree with the trial court and affirm its ruling that the excess carrier is not obligated to pay solely because the...

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