Fact Issues Exist On Primary Insurer’s Decision To Exhaust Policy Limits, Judge Says

( April 23, 2026, 1:49 PM EDT) -- OCALA, Fla. — Summary judgment is not warranted for a primary insurer nor an excess insurer because questions of fact exist as to whether the primary insurer attempted to settle all underlying claims related to the exposure of Legionella bacteria in a hot tub before exhausting its primary policy limits, a Florida federal judge said in denying both insurers’ motions for summary judgment....

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