Insurance Law

Recent Posts

CGL Policy with Specific “Other Insurance” Clause Ruled Excess Over Auto Policy for Claim Arising out of Automobile Accident
Posted on 3 Feb 2015 by Troutman Sanders

Employers Ins. Co. of Wausau v. Lexington Ins. Co. , 2014 U.S. Dist. LEXIS 115747 (C.D. Cal. Aug. 19, 2014), [ enhanced version available to lexis.com subscribers ] In Employers , the Central District of California found that a CGL Policy was excess... Read More

Ten Most Significant Insurance Coverage Decisions Of 2014 – Excess Insurers’ Chins Should Drop Down
Posted on 16 Dec 2014 by Randy J. Maniloff

A case involving an excess insurer’s obligation to drop down wouldn’t seem to be the stuff of one of the year’s ten most significant. In general, drop down provisions in excess or umbrella policies are often-times unique and the decisions... Read More

High Court Hands Excess Insurers A Big Bad Faith Stick Against Primaries
Posted on 26 Jan 2015 by Randy J. Maniloff

There is nothing out of the ordinary about suits by excess insurers, against an underlying primary insurer, alleging that the primary had an opportunity to settle a claim within its limit, did not do so, and, as a consequence, there was later a verdict... Read More

Supreme Court Allows Excess Insurer’s Bad Faith Claim Against Primary
Posted on 4 Aug 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes The Supreme Court of Hawaii held that “an excess liability insurer can bring a cause of action, under the doctrine of equitable subrogation, against a primary liability insurer who... Read More

5th Circuit Addresses Excess Insurer’s Bad Faith Claim Against Primary
Posted on 4 Nov 2014 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes RSUI Indem. Co. v. American States Ins. Co., No. 14–30033 (5th Cir. Sept. 25, 2014), [ enhanced version available to lexis.com subscribers ], (addressing Louisiana law) (“We... Read More

LexisNexis Author William T. Barker To Speak at 1st Annual Bad Faith Litigation Strategies ExecuSummit on "Recent Developments in Third-Party Bad Faith: The American Law Institute Principles of the Law of Liability Insurance."
Posted on 14 Oct 2014 by William T. Barker

On November 4, 2014, LexisNexis author William T. Barker will speak at the 1st Annual Bad Faith Litigation Strategies ExecuSummit on "Recent Developments in Third-Party Bad Faith: The American Law Institute Principles of the Law of Liability Insurance... Read More

Excess Insurance: Questions Raised By Qualcomm And Issues Relating To The Duty To Defend
Posted on 14 May 2015 by Seth Lamden

Partner Seth Lamden will be presenting a program entitled "Excess Insurance: Questions Raised by Qualcomm and Issues Relating to the Duty to Defend" at the American Conference Institute's 2nd National Forum on Insurance Allocation at the... Read More

Court Declares Excess Policy Triggered Based On Insured’s Own Funding To Establish Exhaustion Of Primary
Posted on 29 Sep 2014 by Randy J. Maniloff

I rarely address primary--excess exhaustion cases in CO . They are often too policy language specific to offer any takeaways of substance. But I address Plantation Pipe Line Company v. Highlands Ins. Co., No. 12-29 (Tex. Ct. App. Aug. 29, 2014) here,... Read More