News & Analysis as of

Insurance Litigation Policy Limits Excess Policies

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

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

Morris, Manning & Martin, LLP

Excess Insurer’s Policy Conditions Shield It from a Potential $10 Million Coverage Liability

Excess insurers facing claims should heavily scrutinize their policies for conditions that may be unsatisfactory —even if seemingly immaterial— because they can provide a complete defense to coverage. In a recent case, an...more

Morris, Manning & Martin, LLP

Insurers Ordered to Pay Policy Limits Twice for a Single Policy Term

In a cautionary tale for insurers everywhere, a California court recently ordered two excess carriers to pay their policy limits twice for a single policy term.  Why?  Because in the policies at issue, the policy limits paid...more

Bradley Arant Boult Cummings LLP

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

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

Bradley Arant Boult Cummings LLP

Insurers Beware: One Insurer’s Settlement Can Support a Bad Faith Failure-to-Settle Claim Against a Nonsettling Insurer

An insurer defending a claim against an insured that could exceed policy limits has a good faith obligation to settle the claim if possible. Failure to do so puts a nonsettling insurer at grave risk. An Eleventh Circuit...more

White and Williams LLP

New York State Trial Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues

White and Williams LLP on

On November 21, 2018, the New York Supreme Court, Onondaga County, issued a summary-judgment ruling on a number of coverage issues arising from asbestos-related bodily injury claims against plaintiffs Carrier Corporation...more

Cooley LLP

Blog: High Court Rules on Notifications to Separate Policy Years

Cooley LLP on

In The Cultural Foundation v Beazley Furlonge and Others [2018] EWHC 1083 the Commercial Court considered the division of liability between primary and excess insurers in circumstances where it was unclear to which year the...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

Saul Ewing Arnstein & Lehr LLP

Supreme Court of Missouri Reverses Grant of Summary Judgment for Primary Insurer on Insured’s and Excess Insurer’s Bad Faith...

Scottsdale Ins. Co. v. Addison Ins. Co., No. SC 93792 (Mo. Dec. 9, 2014). Supreme Court of Missouri rules in an en banc decision that neither an excess judgment nor a failure to pay policy limits are essential elements...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide