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Para-Chem Southern2/25/2004
URT COMMITTED ERROR PREJUDICIAL TO PARA-CHEM BY DETERMINING THAT 'NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA IS REQUIRED TO PROVIDE COVERAGE ONCE THE UNDERLYING OR THE RETAINED LIMIT IN THE AMOUNT OF $1 MILLION HAS BEEN PAID[,'] BECAUSE NATIONAL UNION IS OBLIGATED TO 'PAY ON BEHALF OF ITS INSURED' THOSE SUMS IN EXCESS OF THE RETAINED LIMIT REGARDLESS OF WHETHER THE RETAINED LIMIT HAS ACTUALLY BEEN PAID."
National Union has conceded that its obligation to provide coverage is triggered once its insured becomes obligated to pay a sum in excess of $1,000,000, regardless of whether or not the first $1,000,000 has actually been paid. Therefore, Para-Chem's second assignment of error is sustained.
III.
SCIGA's first assignment of error is overruled. SCIGA's second assignment of error is sustained. Para-Chem's two assignments of error are sustained. The judgment of the Summit County Court of Common Pleas is reversed, and the cause is remanded for determination of the point at which SCIGA's coverage is exhausted and the National Union policy attaches.
Judgment reversed, and cause remanded.
SLABY, P. J.
CARR, J.
CONCUR
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