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Issues Confronting Insureds and Excess Insurers in Large-Scale, Long-Tail Claims

A plenary session of the ICLC conference on March 5, 2010 was devoted to the increasingly complex set of issues confronting insureds and excess insurers in large-scale, long-tail claims. It was entitled, "Knockin' on Heaven's Door: Perspectives on Litigation and Negotiation of High-Damage...

SNR Denton on New Jersey Manufacturers Insurance Co. v. National Casualty Co.: Primary Insurer Has Right To Discovery from Excess Insurer To Assess Fault for Failure To Settle

By William T. Barker & Ronald D. Kent, Partners, SNR Denton New Jersey Manufacturers Insurance Co. v. National Casualty Co. holds that a primary insurer, sued by the excess insurer for failure to settle, is entitled to defend on the ground that the excess insurer would not have settled even had...

Fifth Circuit Holds Settlement With Primary Insurer Did Not Result In Exhaustion

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 whether a settlement between an insured and...

Reed Smith LLP Policyholder Alert: Zeig Reconsidered?

By John Berringer and Michael DiCanio, Attorneys, Reed Smith LLP While it has long been the general rule in New York and other jurisdictions that a policyholder's settlement with a primary insurer for less than full policy limits can nevertheless trigger excess coverage, as long as the loss or...

Goldberg Segalla’s Reinsurance Review – September, 2011

IN THIS MONTH'S EDITION: Payments Made in Settlement of Bodily Injury Lawsuit Against Insured Within Primary Insurer's Policy RESPA Class Action Alleging Illegal Kickback Scheme Involving Reinsurer Dismissed Subsequent Related Claims Not Excluded Under Claims-Made Reinsurance Treaty Insurer's...

Appeals Court: Primary Insurer Must Initiate Settlement Negotiations; Excess Insurer? -- No

It is unquestionably one of the most challenging issues to confront an insurer – the demand to settle a claim within the insured’s limits of liability. We all know the drill. An insurer has been defending its insured for a while. The case is coming down to the end and trial is on the horizon...