Every policyholder will likely face a scenario where its primary insurer refuses a settlement offer within limits. The primary insurer is potentially liable for that excess verdict if it acted in bad faith by refusing to settle within limits. Sometimes, …
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. …
Courts are split on whether an excess insurer can sue the primary insurer’s defense counsel for legal malpractice. There are two competing viewpoints that have emerged in the limited published case law. As an example, in American Centennial Ins. Co. …