Where an employer sought contribution under an excess-liability policy for a claim brought by the estate of an employee killed in a workplace accident, the judgment is affirmed because the district court did not err in finding that the policy did not cover the estate’s claim because the policy was subject to the exclusions included in the underlying coverage by the primary insurer, which stated that the coverage is subject to the Montana Intentional Acts Exclusion Endorsement, so the insurer did not breach its duty of good faith.
Judgment is affirmed.
Houston Cas. Co. v. Strata Corp. (MLW No. 72722/Case No. 17-3404 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, District of North Dakota.