Excess Policies

California Court Addresses Horizontal Exhaustion Requirement

by Traub Lieberman Straus & Shrewsberry LLP on 4/16/2013

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more

Illinois Appeals Court Reaffirms Zurich v. Raymark, Strengthens All Sums Precedent Under Illinois Law

by Mickey Martinez, Mark Packman, Kami Quinn | Gilbert LLP on 3/19/2013

In a significant victory for policyholders, the Illinois Appellate Court reversed a trial court decision that John Crane, Inc. (“Crane”) had no excess coverage for asbestos bodily injury claims. By so ruling, the appeals...more

Washington Supreme Court: Insurers May Not Reserve the Right to Seek Reimbursement of Non-covered Defense Costs

by Meredith Dishaw, William Knowles | Cozen O'Connor on 3/18/2013

The Washington Supreme Court joined a minority of jurisdictions that hold that insurers may not unilaterally reserve the right to seek reimbursement for defense costs paid in defending non-covered claims through a reservation...more

Patton Boggs Reinsurance Newsletter- March 2013: English High Court Affirms Arbitration Award Finding That World Trade Center...

by Patton Boggs LLP on 3/18/2013

The English High Court of Justice, Queen's Bench Division (Commercial Court) has handed down a decision affirming an arbitral award holding that the September 11, 2001 attack on the World Trade Center arose out of two...more

California Court Addresses Priority of Coverage In Auto Context

by Traub Lieberman Straus & Shrewsberry LLP on 3/5/2013

In the recent case GuideOne Mutual Insurance Company v. Utica National Insurance Group (4th Appellate Dist. 2/28/13), the California Court of Appeal considered priority of coverage among primary and excess insurers following...more

An Employee's Umbrella Insurance Policy Must Be Exhausted Before Seeking Contribution From Policies Covering The Employer

by Jenny Wang | Barger & Wolen on 3/5/2013

When an employer is vicariously liable to a third party for its employee’s negligence, and both the employer and employee have primary and umbrella policies covering liability to the third party, the employee’s primary and...more

How to Avoid Turning a Settlement with Your Primary Insurer Into a “Get Out of Jail Free” Card for Your Excess Insurer – The...

by Kami Quinn, Tyechia White | Gilbert LLP on 3/4/2013

Imagine for a moment that you have two customers, Diane and George. Diane and George each owe you money for products they have purchased. Each of them raises some concerns about the bill. Being a wise business owner, you...more

Bad Faith Sentinel - February 2013

by Gregory M. Boucher, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola, Thomas S. Schaufelberger | Saul Ewing LLP on 3/1/2013

In This Issue: CONTENTS - Southern District Of California: Excess Insurer Liable For Bad Faith For Two Month Delay In Responding To Insured’s Demand To Either Pay Negotiated Settlement Or To Take Over Insured’s...more

December 2012: Insurance Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 12/17/2012

Exhaustion Means Exhaustion: Courts Require Complete Exhaustion for Excess Coverage: The idea behind excess insurance is easy to understand — an excess policy provides additional coverage above the limits of the underlying,...more

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