Appeals Court Rules Umbrella Carrier Must Defend Insured

By Amanda Hairston, Associate, Farella Braun + Martel In what appears to be the first published California decision on the issue, the Second District Court of Appeal recently held that a carrier must defend its insured when the claim may not be covered by the primary policy and “potentially”...

Farella Braun + Martel LLP: Recent Media Coverage Overstates Impact of New Second Circuit Case Regarding “Drop-Down” Issue

By Erica Villanueva, Partner, Farella Braun + Martel LLP There has been much hand-wringing over the Second Circuit’s decision in Mehdi Ali v. Federal Insurance Co. , __ F.2d __ (2d Cir. 2013) [ enhanced version available to lexis.com subscribers ], in which the court declined to extend the holding...

Below-Limits Settlements Do Not Result In The Loss Of Excess Coverage - Zeig Remains Guiding Precedent, Even Post-Ali

By Adam G. Unikowsky, Attorney, Jenner & Block LLP Excess insurance policies typically include provisions stating that the policyholder cannot pursue coverage from the excess insurer until the policyholder has received payment from the underlying insurers. One of the most frequently-litigated...