Self-Insurance Trust Ordered to Produce Primary Coverage Info in ‘Follow the Fortunes’ Dispute

LOUISVILLE, Ky. — A Kentucky federal magistrate judge has ordered a governmental self-insurance trust to produce information concerning its primary liability coverage in a dispute over whether an excess insurer is obligated to “follow the fortunes” and pay for the trust’s settlement of a lawsuit against a member county.

In a Nov. 20 order, Magistrate Judge Colin Lindsay of the U.S. District Court for the Western District of Kentucky ruled that the information is relevant to the excess insurer’s argument that coverage may be barred under the policy’s “other insurance” provision.

Jeffrey D. Clark and Garr K. Hardin filed a …