New Hampshire Indemnity Co. v. Professional Claim Services
In this breach of contract case, New Hampshire Indemnity Co., doing business as AIG Specialty Auto (AIG), appeals a summary judgment for Professional Claim Services, Inc. (PCS), an independent company that administered third party claims against AIG's insureds. AIG contends the court erred by finding (1) an indemnity clause in the parties' contracts that required PCS to hold AIG harmless from "claims" does not apply to claims made against its insureds, and (2) its damages for PCS's alleged negligence in failing to promptly investigate and settle claims within policy limits and exposing AIG to potential bad faith liability are speculative, in that they consist of the amounts of voluntary settlements AIG made in excess of policy limits. Court affirm the judgment.
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