Court: SD Tx 09/22/2020 Court Finds Issue of Fact in Dispute Between Excess Insurers Court finds that settling excess insurer possessed subrogation right against co-excess insurer but finds issue of fact as to liability. Reviewing the Case Document is for members only. Please login excess liability insuranceequitable subrogationmotion for summary judgmentsubrogationvoluntary paymentpolicy periodrelation backcontractual subrogationprimary exhaustionMid-Continent v. Liberty Mutual