Archives: Excess or umbrella coverage

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Demands for insurance policy limits in a serious liability case

Earlier this month, I was asked by Elizabeth Lorell, an excellent defense lawyer, to speak at a CLE conference sponsored by her law firm.  (You can read Elizabeth’s bio here.) The audience consisted of other defense lawyers, and insurance company claims representatives.  In other words, I was basically a snake at a mongoose convention. The … Continue Reading

Beware the differences between indemnity agreements and insurance policies

I used to know a guy who worked for a major, nationally known public adjustment company.  In years where there were no major hurricanes or tornado incidents, he would literally walk around looking like he had the weight of the world on his shoulders. He never overtly wished death or destruction on anyone (as far … Continue Reading

Triggering excess coverage through underlying settlements

Here’s a fairly common circumstance in large commercial liability claims.  A policyholder settles with the carrier in Layer 1 for less than its limits, leaving a gap between Layer 1 and the next layer up.  Does the carrier in Layer 2 then have an obligation to contribute to settlement with the underlying plaintiff?   Example:  I … Continue Reading
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