excess insurer News

Equitable Subrogation/Contribution Among Coinsurers and Duct Tape

Why You Can’t Have One Without the Other When multiple insurers provide coverage for a single loss or accident, things can get confusing. Coinsurance can arise as a result of conscious risk-sharing or accidentally when two policies have overlapping coverage. …

Liquidated Judgment Not Necessary for Equitable Subrogation

California’s Ninth Circuit Court of Appeals finds that the absence of a litigated judgment did not preclude an equitable subrogation claim from being brought by an excess insurer for bad faith failure to settle when the excess insurer actually contributed …

New York Court Finds Excess Insurer Responsible for Judgment Interest

The Court of Appeals of New York recently held that an excess insurer was responsible for all interest on a judgment after the primary insurer paid its policy limits. The decision offers an important ruling on the duties of primary …

Excess Insurance and Equitable Subrogation: Oklahoma Clarifies its Equitable Subrogation Rule

Most jurisdictions have held that an insurance company with the primary policy owes a duty of good faith and fair dealing to the insurance company with the excess policy requiring a settlement of claims within the primary carrier’s policy limits …

Excess Insurers Prejudiced When There is No Notice of Underlying Suit

When an excess insurer is not given notice of a lawsuit with potential excess exposure, the opportunity to participate in mediation is an important right. Where the excess insurer is deprived of this opportunity, it may be prejudiced as a …