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AMERICAN STATES INS. CO. v. MARYLAND CAS. CO.

427 Pa.Super. 170 (1993)

628 A.2d 880

AMERICAN STATES INSURANCE COMPANY, a Corporation v. MARYLAND CASUALTY COMPANY, a Corporation, Appellant. AMERICAN STATES INSURANCE COMPANY, a Corporation, Appellant, v. MARYLAND CASUALTY COMPANY, a Corporation.

Superior Court of Pennsylvania.

Filed July 21, 1993.

Attorney(s) appearing for the Case

Bernard J. McAuley, Pittsburgh, for Maryland Cas.

Louis Anstandig, Pittsburgh, for American State Ins.

Before KELLY, JOHNSON and HESTER, JJ.

JOHNSON, Judge:

In this action, we are asked to determine whether American States Insurance Company, an umbrella insurer, may maintain an action for bad faith grounded on equitable subrogation against Maryland Casualty Company, the primary insurer. Concluding that an umbrella insurer, in breach of its duty to defend, may not maintain an action for bad faith against the primary insurer based on equitable subrogation, we affirm.

American States Insurance Company...

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