GENERAL STAR INDEMNITY CO. v. HUDSON INSURANCE CO., 2026 OK 56

A Choctaw Nation bus accident caused three deaths and multiple injuries, leading to settlement demands against the Nation's insurers. 1
Occidental paid its $5 million limits first and is not a party; Hudson and General Star then funded the remaining settlement and defense costs. 2
General Star sued Hudson for declaratory relief, seeking reimbursement for all settlement sums General Star paid on the Nation's behalf. 3
General Star's policy was labeled an excess automobile liability policy; Hudson's policy covered automobile liability with a $25,000 retained limit and an other-insurance clause. 4
The trial court ruled for General Star on coverage and later awarded prejudgment interest under 36 O.S. § 3629(B); the Court of Civil Appeals affirmed in relevant part. 5
Hudson sought certiorari, challenging only whether its policy was primary and whether § 3629(B) allowed prejudgment interest to General Star. 6

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Hudson's policy primary or indemnity/excess coverage? 7	General Star said Hudson owed immediate primary coverage after Occidental was exhausted.	Hudson said its policy was indemnity-only and excess to General Star.	Hudson's policy was primary liability coverage. 8
Did General Star's excess policy count as 'other insurance' under Hudson's clause? 9	General Star said excess coverage cannot trigger Hudson's other-insurance clause.	Hudson said General Star's policy moved before Hudson as other insurance.	General Star was excess and did not trigger Hudson's clause. 10
Could General Star recover prejudgment interest under 36 O.S. § 3629(B)? 11	General Star claimed it was the insured's subrogee and thus entitled to 15% interest.	Hudson said the statute allows that interest only to an insured, not an insurer.	No; § 3629(B) does not authorize prejudgment interest to a prevailing insurer here. 12

Equity Mut. Ins. Co. v. Spring Valley Wholesale Nursery, Inc., 747 P.2d 947 (Okla. 1987) (primary insurance depends on the policy terms; excess coverage is secondary 13)
U.S. Fidelity & Guar. Co. v. Federated Rural Elec. Ins. Corp., 37 P.3d 828 (Okla. 2001) (explains primary versus excess coverage and rejects treating excess insurance as available other insurance 14)
National Union Fire Ins. Co. v. A.A.R. W. Skyways, Inc., 784 P.2d 52 (Okla. 1989) (defines indemnity as a contract to save another from legal consequence 15)
Rowan v. State Farm & Cas. Co., 566 P.3d 577 (Okla. 2025) (Section 3629 is unambiguous and aimed at prompt claim payment to insureds 16)
Lawyer's Title Guaranty Fund v. Sanders, 571 P.2d 454 (Okla. 1977) (recognizes conventional and equitable subrogation 17)
State Farm Mut. Auto. Ins. Co. v. Payne, 408 P.3d 204 (Okla. 2017) (insurer subrogation cases where the insurer stands in the insured's shoes against the tortfeasor 18)