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Comerica, Inc. v. Zurich American Insurance Company

United States District Court for the Eastern District of Michigan
498 F. Supp. 2d 1019 (2007)


Facts

Comerica, Inc. (Comerica) (plaintiff) had two insurance policies. Comerica’s primary insurance policy was with Federal Insurance Company (FIC). This policy had a $20 million limit on liability. Comerica had an excess-insurance policy with Zurich American Insurance Company (Zurich) (defendant). Coverage under the Zurich policy was triggered “after all such ‘Underlying Insurance’ has been reduced or exhausted by payments for losses.” Comerica settled five class-action lawsuits for $21 million. FIC paid $14 million towards this settlement. Comerica paid the remaining $7 million. Comerica then sought $1 million and the cost of defense, $2.6 million, from Zurich under the excess-insurance policy. Zurich refused to pay the amounts Comerica sought, because Zurich claimed, Comerica had not exhausted FIC’s $20 million primary-insurance limit. Comerica claimed that FIC’s $20 million primary-insurance limit was exhausted when Comerica paid the difference between the $14 million FIC paid and the $20 million insurance limit. Zurich moved for summary judgment, and Comerica moved for partial summary judgment.

Rule of Law

Issue

Holding and Reasoning (Lawson, J.)

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