excess carrier). Excess carriers contract to provide inexpensive insurance with high limits by requiring the insured to contract for primary insurance with other carriers. Srivastava, 2 F.3d at 10. Heddington did not bargain for risks below $10,000,000. International, on the other hand, bargained for risks between $1,000,-000 and $10,000,000. Westchester's construction would consciously shift the bargained-for risks between the insurers. Analogous case law reflects Texas' respect for the bargained-for risks between insurers. Texas does not require an excess insurer to "drop down” and provide coverage when an underlying insurer is insolvent. Emscor, Inc. v. Alliance Ins. Group, 804 S.W.2d 195, 198-99 (Tex.App.— Houston [14th Dist] 1991, no writ). See also Harville, 885 F.2d at 278-79 (<HOLDING>). Considering that Texas does not require the
holding that shipper negligence does not absolve a carrier of liability if damage would not have occurred but for the concurrent fault of the carrier recognizing a breachofduty action by an employee against a workers compensation carrier even though the carrier issued its policy to the employer holding that the excess carrier was liable only for the insureds deductible which was not covered by the primary insurer holding that a rule requiring an excess carrier to drop down upon the insolvency of the primary carrier would impermissibly shift the risk of the primary carrier to the excess carrier and would require insurance companies to scrutinize one anothers financial stability before issuing secondary policies holding that carrier was entitled to intervene as of right where the states workers compensation law permitted subrogation of a compensation carrier