News & Analysis as of

Excess Policies Policy Limits Settlement

Presley & Presley

Written Settlement Demand Not Necessary

Presley & Presley on

With increasing frequency, insurers are challenging the sufficiency and clarity of settlement demands they failed to previously accept. The insurer’s challenges can take many forms but most focus on a demand not being written...more

Cozen O'Connor

Next Steps for an Excess Insurer After an Unsuccessful Hammer Letter

Cozen O'Connor on

Insurers are frequently asked to satisfy their duty of good faith and fair dealing by entertaining reasonable settlement offers within the combined limits of the policies. However, primary and excess insurers do not always...more

Robins Kaplan LLP

A Magnifying Glass on the Notice Prejudice Standard in Massachusetts for Excess Insurers

Robins Kaplan LLP on

What happens between a primary and excess liability insurer when their mutual insured is hit with a verdict $2.15 million over the primary limit and the excess insurer was not put on notice until after the verdict? This was...more

Cozen O'Connor

Texas 5th Circuit Holds Settlement for Less than Policy Limits Did Not Exhaust Primary Policy

Cozen O'Connor on

In a recent decision, the Fifth Circuit held that a primary policy was not exhausted, after the primary insurer made settlement payments that did not exceed the primary policy limits, even though the insured contributed...more

K&L Gates LLP

Excess Policy Attaches Notwithstanding Settlement with Underlying Insurers for Less Than Full Limits

K&L Gates LLP on

Recently, a Texas Court of Appeals handed down a pro-policyholder opinion in the case of Plantation Pipe Line Co. v. Highlands Insurance Co., in Receivership, Case No. 11-12-00029-CV (Tex. App. Aug. 29, 2014). The issue...more

McCarter & English, LLP

Not All Policies Are Created Equal: Evergreen State Appeals Court Blocks Policyholder Reach to Excess Insurance After Settlement...

The decision in Quellos Group LLC v. Federal Insurance Co., No. 68478-7-1 (Wash. Ct. App. Nov. 12, 2013) is a reminder that vague policy language can be costly. You may not have access to your excess insurance funds. The...more

Cozen O'Connor

Washington Appellate Court Holds That Below-Limits Settlement Fails to Trigger Excess Policies

Cozen O'Connor on

On November 12, 2013, in Quellos Group LLC v. Federal Insurance Company, the Washington Court of Appeals affirmed summary judgment in favor of two excess professional liability insurers because the excess policies “require[d]...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

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