United States First Circuit

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Salvati v. The American Ins. Co., 16-1403

In an insurance dispute involving the issue of whether the plaintiff in a wrongful death action, who reached a settlement with the defendants and their primary insurance carrier, can recover the amount exceeding the primary policy limits from the defendants' excess insurer, the district court's grant of defendant's motion to dismiss, on grounds that the settlement agreement did not trigger the excess policy because the agreement was not accompanied by a court judgment, is affirmed on alternate grounds, where plaintiff has not presented a plausible argument that the settlement agreement triggered the excess insurer's duty to indemnify.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/26

Judges

  • LIPEZ

Court

  • United States First Circuit

Counsel


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