remand, the circuit court is instructed to determine the extent to which Dorsey satisfied the SIR requirements for each Gerling policy and to set off against Wheelwright’s recovery against Gerling under the consent judgment the amount of the SIR for each respective policy that was not satisfied by Dorsey. E. Gerling’s Argument that Dorsey Was “Not Legally Obligated to Pay” Gerling argues that its polices contain provisions requiring it to pay only those sums, in excess of the SIR amount, that Dorsey became “legally obligated to pay.” Gerling argues that because the consent judgment permits Wheelwright “to collect the judgment only to the extent that Dorsey’s insurance provides coverage,” Dorsey was never legally obligated to pay any part of the judgment. Gerling relie (5th Cir.1969)(<HOLDING>).” The circuit court also attached importance
holding that an insurance company which chose not to defend its insured could not later deny coverage by asserting the legally obligated to pay provision in the policy after the insured reached a settlement where the injured party agreed to collect only against insurance proceeds holding that despite assurances from the insurance company that the insured could file the pol after femas deadline the insured could not collect because the insured was responsible for timely filing holding that a plaintiffs agreement to collect only against a defendants insurance company was merely a covenant and did not constitute a release of the defendants from liability and stating that the defendant is still legally obligated to the injured party and the insurer still must make good on its contractual promise to pay holding that the insurer had no duty to defend the insured because the allegations of the initial complaint did not allege facts which would bring the case within the coverage of the title insurance policy holding that an insurance policy providing that the insurance company would pay all reasonable expenses incurred by the insured at our request emphasis omitted did not establish an agreement that the insurer would cover attorney fees and costs to the insured in a declaratory action