National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Category Archives: Excess and Umbrella Insurance

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Georgia’s Uninsured Motorist Statute Does Not Supersede Excess Policies’ Vertical Exhaustion Requirements

Posted in Additional Insured, Auto Liability Coverage, Bad Faith/Extra Contractual, Excess and Umbrella Insurance
In Coker v. American Guarantee & Liability Insurance Company, 825 F.3d 1287 (11th Cir. 2016), the Eleventh Circuit held that Georgia’s uninsured motorist (UM) statute did not supersede the vertical exhaustion requirements contained in the defendants’ excess policies. In this case, plaintiff Gary Coker was driving a truck owned by his employer, Ansco & Associates… Continue Reading

Exhausting Policy Limits

Posted in Duty to Indemnify, Excess and Umbrella Insurance, Liability Coverage, Recent Cases
As insurance is depleted for ongoing claims like asbestos bodily injury and long-term environmental pollution, how an insured is to use its layers of insurance is an issue.  The California Supreme Court has been asked to weigh in on the question of whether “horizontal exhaustion” or “vertical exhaustion” principles should apply to excess and umbrella… Continue Reading

Excess Insurer’s Duty to Defend Not Triggered By Severity of Claims

Posted in Duty to Defend, Excess and Umbrella Insurance
The New Hampshire Supreme Court’s recent opinion in Old Republic Ins. Co. v. Stratford Ins. Co., 2016 WL 302212 (N.H. Jan.26, 2016) has reaffirmed the traditional principle that the obligations of an excess insurer to participate in its insured’s defense  are not triggered merely by reason of the fact that the insured’s liability is so… Continue Reading

Excess Insurance: Issues Regarding Exhausting the Underlying Policy Limits

Posted in Duty to Indemnify, Excess and Umbrella Insurance
A basic premise of excess insurance coverage is that it applies only after the underlying insurance limits have been exhausted.  Problems may arise, however, when a primary insurer refuses to pay the full limits toward a claim that exceeds the underlying policy limits.  An insured may be left with either (1) settling with the primary… Continue Reading

Additional Insured Status under Excess and Umbrella Policies

Posted in Excess and Umbrella Insurance
Blanket additional insured endorsements often require examination of a contract between the named insured and the purported additional insured, as many of these endorsements provide insured status contingent on the named insured being required by contract to add the person or entity as an additional insured to an insurance policy.  As shown by a recent… Continue Reading