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Excess Policies Defense Costs

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Excess Insurer Cannot Challenge Payments by Underlying Carriers

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A North Carolina federal court, applying North Carolina law, has held that an excess insurer may not challenge payments made by underlying carriers. The insured university faced separate lawsuits by two faculty members...more

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Excess “Other Insurance” Clause Relieves Insurer of Duty to Contribute to Defense

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The Ohio Court of Appeals, applying Ohio law, has enforced an employment practices liability (“EPL”) carrier’s “other insurance” clause, holding that the insured’s commercial general liability (“CGL”) policy afforded primary...more

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

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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

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