Insurance holding company blames two insurers for alleged failure to settle excess claim

By Philip Gonzales | Aug 31, 2016

WHEELING — An insurance holding company is suing two insurers – Zurich American Insurance Company and American Guarantee and Liability Insurance Company – citing alleged breach of duty of good faith and fair dealing.

WHEELING — An insurance holding company is suing two insurers – Zurich American Insurance Company and American Guarantee and Liability Insurance Company – citing alleged breach of duty of good faith and fair dealing.

Navigators Insurance Company filed a complaint on Aug. 11 in Ohio Circuit Court against the defendants, alleging that they breached their duty to act in good faith toward their defense and handling of litigation.

According to the complaint, the plaintiff alleges that it sustained both economic and non-economic damages after it was exposed to a second excess layer of liability insurance, forcing it to contribute to the settlement of litigation in an amount of $3.25 million. The plaintiff holds Zurich American Insurance Company and American Guarantee and Liability Insurance Company responsible because the defendants allegedly failed to settle an excess claim against the insureds within policy limits of their liability and when an opportunity to enter into such settlement arose.

The plaintiff requests a trial by jury and seeks economic and non-economic compensatory damages in an amount to be determined by a trier of fact and such further relief as the court deems appropriate. It is represented by Don C.A. Parker of Spilman Thomas & Battle PLLC in Charleston.

Ohio Circuit Court Case number 16-c-251

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Ohio Circuit Court Spilman Thomas & Battle, PLLC

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