General Star Indemnity Co. v. Hudson Insurance Co.

Summary

The court held that Hudson's policy provided primary automobile liability coverage and that General Star's policy provided excess coverage, making Hudson responsible for the covered payments after the underlying coverage was exhausted. It further held that the statute authorizing heightened prejudgment interest in insurance disputes permits that interest only for an insured, not for an insurer seeking reimbursement in a coverage dispute between insurers. The court vacated the intermediate appellate decision, affirmed the summary-judgment ruling on coverage, reversed the prejudgment-interest award and final judgment, and remanded.