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Exhaustion Doctrine Excess Policies

California Court of Appeal Issues Important Decision Impacting When Policyholders Can Tap Into Excess Insurance

by Payne & Fears on

In Montrose Chemical Corporation of California v. Superior Court , ___ Cal. App. 4th ___, No. B272387, 2017 WL 3772568 (Cal. Ct. App. Aug. 31, 2017), the California Court of Appeal issued a decision that has the potential to...more

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

by 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

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