State Farm v. Du Page County

Plaintiff insurer sought subrogation and reimbursement from County, which was a self-insured municipality, after insurer settled a lawsuit which alleged that county employee, intoxicated while driving a county vehicle, struck and severely injured driver of another vehicle. County employee, who was killed in collision, was a named insured on personal liability umbrella policy issued by insurer. County is not an insurer and does not provide insurance coverage, and is thus not a "carrier" of insurance. Principle of horizontal exhaustion, requiring insured to exhaust all available primary insurance before invoking excess insurance, is inapplicable, as County is not a "primary insurance carrier." (HUTCHINSON and SCHOSTOK, concurring.)