Insurance Litigation, Excess Policies, Commercial Insurance Policies

Sometimes You Have To Sweat The Small Stuff: Technicality Renders $10M Excess Policy Valueless

Lowenstein Sandler LLP on 2/23/2024

Hosts Lynda A. Bennett and Eric Jesse of Lowenstein Sandler discuss how to access a tower of insurance coverage in light of the recent decision in Pharmacia Corporation v. Arch Specialty Insurance Company, where an...more

Ninth Circuit Finds Excess Carrier Owes Nothing to Insured Who Failed to Obtain Prior Written Consent to Settlement

Carlton Fields on 11/15/2023

In Vizio Inc. v. Arch Insurance Co., a case stemming from a class action settlement, the Ninth Circuit Court of Appeals clarified several areas of California law involving the interaction of primary and excess insurance...more

The Supreme Court of South Carolina Adopts the Post-Loss Exception

Womble Bond Dickinson on 8/2/2022

In PCS Nitrogen, Inc. v. Cont'l Cas. Co., 436 S.C. 254, 871 S.E.2d 590 (2022), the Supreme Court of South Carolina formally adopted the “post-loss exception” - a common law rule providing that insurer consent is not required...more

What Does a Billion-Dollar Verdict Mean for Casualty Insurance Buyers?

Woodruff Sawyer on 12/9/2021

Frequency of severity is back. Insurance buyers need to approach excess casualty renewals carefully to mitigate for loss trends and take advantage of a changing insurance market....more

Equitable Subrogation: A Useful Tool for Your Excess Insurer When Your Primary Insurer Refuses to Settle Within its Limits

Bradley Arant Boult Cummings LLP on 10/8/2019

Every policyholder will likely face a scenario where its primary insurer refuses a settlement offer within limits. The primary insurer is potentially liable for that excess verdict if it acted in bad faith by refusing to...more

Litigating Through Layers of Insurance

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/16/2019

A business concedes that it made a mistake, but pleads for mercy with the jury and asks for a reasonable amount of damages. A jury ultimately awards $6 million. There are several insurance policies involved. Who is left...more