CRUG Prevails in Another Insurance Coverage Dispute

We are proud to announce that the U.S. District Court for the Southern District of Ohio recently granted summary judgment in favor of our client, United Specialty Insurance Company (USIC).

The Case at a Glance: Following a catastrophic 2019 trucking accident, a settlement was reached by two insurers without ever notifying USIC or seeking their consent yet later sought USIC’s “contribution” for the settlement.  

Contribution Denied: The Court found that USIC suffered “plain prejudice” because notice was only provided after the settlement was finalized.  The Court rejected arguments that USIC’s involvement wouldn’t have changed the outcome, calling those claims “merely speculative.”

The Bottom Line:  Notice and consent provisions matter—especially for excess carriers. Generally, you cannot settle a case without notice or or consent from an insurer and then ask an insurer to pay the bill afterward.

Congratulations to CRUG Partner Sunny Horacek who drafted the key portions of the motion and presented the winning oral argument!

Read the full citation: National Union Fire Insurance Co. of Pittsburgh, PA v. TT Club Mutual Insurance Ltd., No. 2:23-cv-3696 (S.D. Ohio Mar. 19, 2026).