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... Read More
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... Read More
By Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In Citigroup Inc. v. Federal Ins. Co ., 2011 U.S. App. LEXIS 16316 (5 th Cir. Aug. 8, 2011 ) , the United States Court of Appeals for the Fifth Circuit, applying Texas law, considered... Read More
By Ann V. Kramer and Jennifer D. Katz In Rosciti v. Liberty Mutual Insurance Company , the District Court of Rhode Island concluded that an individual seeking damages from a bankrupt company cannot directly collect from that company’s excess... Read More
In his commentary, "Settlements With Underlying Layers Satisfy Exhaustion Conditions in Excess Policies," Michael T. Sharkey of Perkins Coie LLP analyzes the recent decision of Quellos Group LLC v. Federal Insurance Co. , No. 68478-7-1, 2013... Read More
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... Read More
By Mike Aylward and Eric Barber The article, “Getting the Drop on Excess Insurer: The Wisconsin Supreme Court Finds that an Excess Insurer Has a Duty to Defend in Johnson Controls in the Absence of Underlying Exhaustion,” by Michael F.... Read More
R.C. Wegman Construction Co., a construction manager, was sued for injuries suffered by Brian Budrick, an employee of one of the contractors working at the site. The contractor’s policy with Admiral Insurance Co. named Wegman as an additional insured... Read More