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Excess Policies at Issue Deemed Not to Attach Absent Actual Payment of the Amount of Underlying Limits by Either the Insured or...

Policyholders contemplating insurance coverage settlements with low-level insurers should use caution to preserve their ability to access higher-level excess policies. Excess insurers are increasingly disputing that...more

The Ohio Supreme Court Misses a Supreme Opportunity to Comment on “All Sums”

The long-awaited decision from the Supreme Court of Ohio in Lincoln Electric Co. v. Travelers Casualty & Surety Co., et al., No. 2013-1088, will not be forthcoming. The Court would have addressed the issue of whether a...more

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

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

Order for Claim Filing Deadline in Liquidation Proceedings of the Lumbermens Companies

A substantial number of business policyholders purchased historical insurance coverage from one of the Lumbermens Companies, which include Lumbermens Mutual Casualty Company, American Manufacturers Mutual Insurance Company,...more

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