excess insurance News

Ohio Supreme Ct. Upholds Escape Clause in Progressive Auto Liability Policy

Acuity and Progressive Specialty Insurance Co. disputed who should pay after a 16-year-old boy borrowed a friend’s car and crashed it into a utility pole in Streetsboro, Ohio. The driver was insured by Acuity through a policy issued to his …

Missed Deadline Costs Harvard $15M in Insurance for Admissions Policy Defense

Harvard University’s failure to notify its insurer by the policy deadline has cost it up to $15 million in insurance coverage to help it defray costs related to its ongoing defense of its affirmative action admissions program. U.S. District Judge …

9th Circuit: ‘Improper Erosion’ of Policy Limits No Grounds for Denial by Excess Insurer

Unless fraud or bad faith is involved, no policyholder should be expected to justify its reasons for making payments to settle litigation as a condition for making a claim under an excess insurance policy, the 9th Circuit Court of Appeals …

Viewpoint: Equitable Subrogation Useful Tactic When Insurer Won’t Settle

Every policyholder will likely face a scenario where its primary insurer refuses a settlement offer within limits. The primary insurer is potentially liable for that excess verdict if it acted in bad faith by refusing to settle within limits. Sometimes, …