Excess Policies

News & Analysis as of

Defence & Indemnity - June 2016: II. LIABILITY ISSUES #3

Both the legal/registered owner and lessor and the beneficial owner and lessor of a vehicle are vicariously liable for the lessee’s vehicular negligence but only to the liability cap for lessors. Graham (Litigation...more

Second Circuit Considers Competing Excess Other Insurance Clauses

In its recent decision in Hartford Underwriters Ins. Co. v. Hanover Ins. Co., 2016 U.S. App. LEXIS 12146 (2d Cir. June 29, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion...more

New York High Court Applies All Sums Allocation To Long-Tail Claims Under Certain Insurance Policies

The New York Court of Appeals recently answered two certified questions from the Delaware Supreme Court concerning insurance allocation, and the Court’s answers may impact significantly policyholders litigating “long-tail”...more

Insurance Recovery Group News: New York Holds Excess Insurers Liable For “All Sums” Related To Long Tail Claims

For more than two decades, the problem of allocating the costs of long tail claims – such as environmental and asbestos claims – among multiple insurance carriers has generally been resolved in one of two ways. Courts in...more

New York’s Highest Court Creates Exception to Pro Rata Allocation

On May 3, 2016, the New York Court of Appeals answered two certified questions posed by the Delaware Supreme Court regarding the appropriate allocation method for long-tail claims among successive excess carriers. The first...more

New York High Court Gives the Bronx Cheer to Insurers’ Pro Rata Allocation and Exhaustion Arguments

Over time, New York’s courts have erected multiple barriers to policyholders seeking to recover insurance for long-tail, progressive injury claims—such as environmental or asbestos liabilities—that can implicate multiple...more

NY High Court’s ‘All Sums’ Allocation Ruling in Viking Pump is a Game Changer

On May 3, 2016, New York’s high court took a giant step forward in protecting policyholders facing latent injury claims, allowing them to avoid multiple deductibles, retentions and insolvent coverage. In the Matter of Viking...more

New York’s Highest Court Rules in Favor of “All Sums” and Vertical Attachment in Certified Question from Delaware Supreme Court

In the recent decision of Viking Pump, Inc., et al. v. TIG Insurance Co., et al., 2016 N.Y. LEXIS 1018 (N.Y. May 3, 2016), the New York Court of Appeals (New York’s highest court), on questions certified by the Delaware...more

Insurance Coverage – Equitable Contribution – “Other Insurance” Clauses

Certain Underwriters at Lloyds, London v. Arch Specialty Insurance Co. - Court of Appeal, Third Appellate District - (April 11, 2016) The original purpose of “other insurance” clauses was to prevent multiple...more

California Court Rejects Primary Carrier’s Excess Other Insurance Position

In its recent decision in Certain Underwriters at Lloyds, London v. Arch Specialty Ins. Co., 2016 Cal. App. LEXIS 275 (Cal. App. Apr. 11, 2016), the Court of Appeal of California for the Third Appellate District had occasion...more

How General is “General Aggregate?”

Although the terms are often used interchangeably, there are several key differences between umbrella and excess coverage. One such distinction is that an umbrella policy can apply to multiple underlying policies. This makes...more

Insurance Coverage – UM/UIM Coverage Under Excess Policies

Larry Haering v. Topa Insurance Company - Court of Appeal, Second Appellate District (February 3, 2016) - Uninsured (“UM”) and Underinsured Motorist Coverage (“UIM”) were created by statute (Insurance Code...more

Insurance Insight - California: Appellate rulings highlight importance of understanding auto coverage

Two recent decisions from the California Court of Appeal highlight the importance of understanding one’s auto insurance. Both cases left the policyholders without coverage for serious injuries that a simple policy review...more

California Court Holds Excess Policy Did Not Provide UM/UIM Coverage

In Haering v. Topa Insurance Company, 2016 Cal.App.LEXIS 78 (Feb. 3, 2016), California’s Second Appellate District had the opportunity to examine whether a “follow form” excess policy must provide uninsured/underinsured...more

Court Holds that Following Form Excess Policy Wording Does Not Also Include Underinsured Motorist Coverage of Primary Policy

In Haering v. Topa Insurance (No. B260235; filed 2/3/16), a California appeals court held that an excess liability insurance policy that “followed form” to an underlying primary policy providing uninsured...more

Insurance Recovery Law - January 2016

Despite Finding Policy Application Misrepresentation, Jury Rules Against Policy Rescission - Why it matters: A federal jury concluded that Starr Surplus Lines Insurance Company did not have a valid basis to rescind the...more

Insurance Insight - Florida: Claimant’s bad-faith claim doomed by insured’s failure to cooperate during settlement negotiations

A federal District Court applying Florida law recently ratified an insurer’s diligent responses to a claimant’s cat-and-mouse attempt to manufacture a bad-faith set-up claim. The ruling is interesting because it addresses two...more

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

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

Federal court in Florida provides helpful case study in insurance “choice of law” tactics

The Southern District of Florida recently issued an opinion that addresses some rarely discussed nuances of insurance choice of law disputes. Sun Capital Partners, Inc. v. Twin City Fire Ins. Co., No. 12-CV-81397, 2015 WL...more

Insurance News, Summer 2015

The U.S. Senate Commerce Committee asked Michael Menapace to testify as an expert witness at a hearing called by the Subcommittee on Consumer Protection, Product Safety, Insurance and Data Security entitled, "Examining the...more

Uber’s Battle with its Excess Carrier

In a lawsuit filed this week, Evanston Insurance Co. sued Uber Technologies Inc. alleging that it is not required to cover Uber's settlement of a lawsuit involving a fatal car collision that involved a family and an Uber...more

The Tenth Circuit rejects excess insurers’ implied duty to investigate and initiate settlement negotiations

Interpreting Oklahoma law, the US Court of Appeals for the Tenth Circuit recently held that the duty of good faith and fair dealing does not require that an excess insurer, unlike a primary insurer, affirmatively investigate...more

Insurance Recovery Law - July 2015 #3

Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy - Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more

Hawaii Supreme Court Holds a Primary Insurer Cannot Gamble with the Excess Insurer’s Money

On June 29, 2015, in responding to a certified question from the U.S. District Court for the District of Hawaii, the Hawaii Supreme Court held in St. Paul Fire & Marine Ins. Co. v. Liberty Mutual Ins. Co., SCCQ-14-0000727,...more

Georgia Courts Reject Two Common Setup Tactics

In a recent decision, the Eleventh Circuit sought and then applied the Georgia Supreme Court’s answers to two certified questions about policyholder settlements made without the insurer’s consent. Piedmont Office Realty...more

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