This case is a diversity action involving a dispute as to coverage available under two separate insurance policies. The citation for this case is Great American Assurance Company v. American Casualty Company of Reading, PA, 2011 U.S. Dist. LEXIS 114630 (E.D. Ky. 2011).

 Great American issued a general liability policy to the Redwood School & Rehabilitation Center for the period January 1, 2008 to January 1, 2009; Redwood is a licensed day care center that provides services for medically fragile children. The policy excludes coverage for "damages that are covered by other insurance in any other insurance policy whether collectible or not". American Casualty issued healthcare providers professional liability policies to Roell and Rich for the periods October 9, 2007 to October 9, 2008 and September 1, 2007 to September 1, 2008, respectively; Roell and Rich were nurses at the Redwood facility. The American Casualty policies contained the following provision: it is the intent of this policy to apply only to the amounts covered under this policy that exceed the available limit of all deductibles, limits of liability or self-insured amounts of other insurance, whether primary, contributory, excess, contingent, or otherwise.

 A lawsuit was filed against Redwood, Rich, and Roell alleging that Collins died while in the custody or care of Redwood and the named individuals. Great American defended Redwood and American Casualty defended Roell and Rich, although the insurer did demand that Great American defend these individuals. Great American settled the claims against Redwood and then filed this action alleging claims for contribution, breach of contract, and unjust enrichment. Great American alleged that American Casualty owed it more than $75,000 in contribution towards the settlement. American Casualty counterclaimed that Great American was the primary insurer for the nurses and its policy was excess.