After a job-site injury left independent contractor Ernest Guthrie paralyzed below the waist, two insurers for the contractor that hired him agreed to pay the full policy limits — $1 million each — only one month after receiving a payment …
An insurer cannot escape liability for its share of a $6 million payout because the retailer it insured refused to accept a settlement offer by a customer who who was struck by a forklift, a panel of the 7th Circuit …
Confusing language in a policy issued by an excess insurer puts the carrier on the hook for up to $5 million in clean-up costs after a policyholders’ tanker truck overturned and spilled its load of fuel, the 1st Circuit Court …
Why You Can’t Have One Without the Other When multiple insurers provide coverage for a single loss or accident, things can get confusing. Coinsurance can arise as a result of conscious risk-sharing or accidentally when two policies have overlapping coverage. …
California’s Ninth Circuit Court of Appeals finds that the absence of a litigated judgment did not preclude an equitable subrogation claim from being brought by an excess insurer for bad faith failure to settle when the excess insurer actually contributed …
The Court of Appeals of New York recently held that an excess insurer was responsible for all interest on a judgment after the primary insurer paid its policy limits. The decision offers an important ruling on the duties of primary …
Most jurisdictions have held that an insurance company with the primary policy owes a duty of good faith and fair dealing to the insurance company with the excess policy requiring a settlement of claims within the primary carrier’s policy limits …
When an excess insurer is not given notice of a lawsuit with potential excess exposure, the opportunity to participate in mediation is an important right. Where the excess insurer is deprived of this opportunity, it may be prejudiced as a …