11th Circuit Affirms Bad Faith Verdict in Suit Filed by One Insurer Against Another January 6, 2023 By Jim Sams After a job-site injury left independent contractor Ernest Guthrie paralyzed below the waist, two insurers for the contractor that hired...
Excess Insurer’s Policyholder Had No Duty to Settle Suit that Resulted in $13M Verdict August 5, 2022 By Jim Sams An insurer cannot escape liability for its share of a $6 million payout because the retailer it insured refused to...
Unclear Policy Endorsement Makes Excess Insurer Liable for Fuel Spill December 21, 2020 By Claims Journal staff Confusing language in a policy issued by an excess insurer puts the carrier on the hook for up to $5...
Equitable Subrogation/Contribution Among Coinsurers and Duct Tape January 28, 2019 By Stephen A. Smith, Matthiesen, Wickert & Lehrer, S.C. Why You Can’t Have One Without the Other When multiple insurers provide coverage for a single loss or accident, things...
Liquidated Judgment Not Necessary for Equitable Subrogation December 20, 2016 By Steven Plitt and Jordan R. Plitt California’s Ninth Circuit Court of Appeals finds that the absence of a litigated judgment did not preclude an equitable subrogation...
New York Court Finds Excess Insurer Responsible for Judgment Interest January 8, 2014 By Burke Coleman The Court of Appeals of New York recently held that an excess insurer was responsible for all interest on a...
Excess Insurance and Equitable Subrogation: Oklahoma Clarifies its Equitable Subrogation Rule December 3, 2013 By Steven Plitt Most jurisdictions have held that an insurance company with the primary policy owes a duty of good faith and fair...
Excess Insurers Prejudiced When There is No Notice of Underlying Suit February 21, 2013 By Steven Plitt When an excess insurer is not given notice of a lawsuit with potential excess exposure, the opportunity to participate in...