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051446P.pdf 01/10/2006 Reliance Ins. Co. v. Stephen Chitwood
U.S. Court of Appeals Case No: 05-1446
Eastern District of Missouri
[PUBLISHED] [Arnold, Author, with Bowman and Murphy, Circuit Judges]
Civil case - insurance. District court correctly applied Missouri's anti-
subrogation rule in finding insurer could not recover from the insured
policy-holder; district court correctly determined limits of primary
insurer's coverage were exhausted by the settlement agreement; Missouri
does not recognize a direct duty of good faith between primary and
secondary insurers, and ,even if it did, there was no evidence here that the
primary insurer did not act in good faith in settling the case; excess
insurer was entitled to collect pre-judgment interest on attorneys' fees
award against the primary insurer; case should be remanded to the district
court to determine date on which pre-judgment interest began to accrue.