National Union Fire Ins. Co. v. Mississippi Insurance Guaranty Association
The Fifth Circuit has asked the Mississippi Supreme Court to answer whether a medical malpractice insurer whose “other insurance” clause made it excess to PHICO must nonetheless accept coverage in light of PHICO’s insolvency or whether the State Guaranty Fund bore responsibility. Earlier this year, the supreme court ruled that the exhaustion requirements of Miss. Code Ann. §83-23-123 did not apply to coverage available to a co-defendant, holding in Mississippi nsurance Guaranty Association v. Cole, 954 So.2d 407 (Miss. 2007) that the MIGA’s obligations were not excused by sums paid by the insurer of a joint tortfeasor.
