Menards Says Excess Insurer Can't Ditch Share Of $6M Payout

Law360 (November 15, 2019, 3:57 PM EST) -- Menard Inc. told an Illinois federal judge Thursday that its excess insurer is trying to avoid paying its part of a $6 million personal injury settlement by citing contract provisions that aren't in the policy that it sold the home improvement chain.

North American Elite Insurance Co. claims Menard, which does business as Menards, should have taken its opportunity to settle the underlying suit within its primary insurance limits, but those good-faith settlement requirements are only in the policy issued by its primary insurer, Greenwich Insurance Co., the company told U.S. District Judge Sara Ellis.

NAE could have issued a "follow...

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