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Excess Policies Declaratory Judgments

Carlton Fields

Tenth Circuit Interprets Excess Policy’s Definition of “Medical Incident” as Applying to the Injuries of One Single Person

Carlton Fields on

On May 2, 2025, the Tenth Circuit Court of Appeals issued an opinion in AdHealth Limited v. PorterCare Adventist Health Systems affirming the lower court’s summary judgment ruling that a hospital’s excess liability insurance...more

Wiley Rein LLP

Failure to Plead Compliance with Condition Precedent Held Fatal to Declaratory Judgment Action

Wiley Rein LLP on

The United States District Court for the Southern District of New York has held that a declaratory judgment action filed against an excess difference in conditions (“DIC”) insurer is ripe for adjudication because the insured...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - May 2021

Rivkin Radler LLP on

WDNY Follows Other New York Courts Holding That COVID-19 Losses Are Not Covered- The insured operated a martial arts and fitness business in Buffalo, New York, that sustained losses in revenue when its business closed...more

Carlton Fields

Court Dismisses Reinsurance Litigation in Favor of Prior Pending Action

Carlton Fields on

The plaintiffs, U.S. Fire Insurance Co. and North River Insurance Co., issued 12 umbrella and excess umbrella liability policies for a combined coverage of $244 million to a manufacturer of respiratory protection equipment...more

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