Umbrella Policies Insurance Industry

News & Analysis as of

Best Practices for Protecting Your Company With a Successful Insurance Renewal

Many in-house attorneys and risk managers follow the same ritual each year when renewing their company’s insurance policies: they look at a few insurance proposals, compare premiums, and then put their renewal policies in a...more

Supreme Court of Delaware Decides Long-Standing Dispute in Viking Pump Action

The Supreme Court of Delaware issued its decision in the long-standing dispute in In re Viking Pump, Inc. and Warren Pumps, LLC. The appeal arose out of several rulings in the Court of Chancery and after a jury trial in the...more

Excess Insurer Can Sue Primary for Failing to Settle Within Limits Even Without Entry of Excess Judgment

In Ace American Ins. Co. v. Fireman's Fund Ins. Co. (No. B264861, filed 8/5/16), a California appeals court held that an excess insurer that contributes to the settlement of an underlying case due to the primary insurer’s...more

Tenth Circuit Drills Down Into Roots Of Moral Hazard, Comes Up Dry

Moral hazard (one of this blog’s preoccupations) usually comes up in disputes over the scope of coverage under an insurance policy. But state legislatures often address it, too—for example, by imposing limits on agreements...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

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

Eighth Circuit Holds Insureds’ Miller-Shugart Agreement Breached Policy’s Cooperation Clause

In its recent decision in American Family Mut. Ins. Co. v. Donaldson, 2016 U.S. App. LEXIS 7499 (8th Cir. Apr. 26, 2016), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to...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

Understanding CIPs, Builder’s Risk, and Inland Marine Insurance Policies

Part of Bradley Arant’s Policyholder Insurance Coverage Team’s six-part Maximize Your Company's Insurance Coverage Webinar Series, the “Understanding CIPs, Builder’s Risk, and Inland Marine Insurance Policies” webinar, led by...more

Maximizing Insurance Recovery for the Tianjin Port Explosions

On Wednesday, August 12, 2015, two massive explosions devastated large swaths of Tianjin, China, an industrial powerhouse and home to one of the world’s busiest ports. The explosions, which reportedly have killed more than a...more

Insurers Take Notice: Don’t Become a Casualty of Trade Sanctions Violations!

The U.S. Department of Commerce’s Office of Foreign Assets Control (OFAC) announced that Navigators Insurance Company, which is headquartered in New York and specializes in marine insurance and related lines of business,...more

Court Limits Discovery Of Insurer’s Policies With Other Insureds, Compels Production Of Prior Arbitration Testimony

Utica Mutual Insurance Company (“Utica”) sued R&Q Reinsurance Company (“R&Q) in New York federal court for payment under reinsurance certificates R&Q issued to Utica covering umbrella policies Utica issued to its insured,...more

Court Construes Disputed Insurance Policy Language And Requires Reinsurer To Follow The Settlements

The case involved two facultative reinsurance contracts, each of which covered excess liability for similar umbrella liability insurance policies, and each of which contained a “follow the settlements” provision. After the...more

Pennsylvania Court Holds Defectively Designed Windows and Doors May Give Rise to an “Occurrence”

On December 3, 2013, the intermediate Pennsylvania Court of Appeals decided Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, and concluded that an “occurrence” under a commercial umbrella liability policy may...more

Insuring Your Business -- June 2013

In This Issue: How Long Should I Keep My Insurance Policies? and Coverage Spotlight: Contract Litigation Insurance. Excerpt from How Long Should I Keep My Insurance Policies? - Policyholders often ask,...more

5th Circuit Holds Late Notice Bars Coverage Under Buy-Back Pollution Coverage

In its recent decision in Starr Indemnity & Liability Co. v. SGS Petroleum Service Corp., 2013 U.S. App. LEXIS 12425 (5th Cir. 2013), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion...more

Second Circuit confirms excess insurance is triggered only upon actual payment of all underlying limits

This week Federal Insurance Company achieved an important victory in a long-standing insurance coverage litigation concerning the proper trigger of excess directors and officers insurance. DLA Piper represented Federal, a...more

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

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

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

California Court Addresses Priority of Coverage In Auto Context

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

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

Orrick's Policy Observer - October 2012

The Observer highlights significant developments in insurance recovery and risk management. In This Issue: - State of California v. Continental Insurance: Opinion Holds Insurers to Their Words - Sixth...more

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