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Settlement › Exhaustion Doctrine

Greenberg Glusker LLP

Ninth Circuit Court of Appeal Rules that Excess Insurer Cannot Challenge Exhaustion of Underlying Insurance on Coverage Grounds

Greenberg Glusker LLP on

In Axis Reinsurance Co. v. Northrop Grumman Corporation, 2020 DJDAR 10114 (9th Cir. Sept. 14, 2020), a case of first impression under California law, the Ninth Circuit held that an excess insurer may not dispute exhaustion of...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

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