Insurance counsel face challenging issues when insureds and their carriers disagree over who should pay a claim and the payment order among the applicable insurance policies.
Resolving insurance coverage disputes hinges on understanding the relationship between primary and excess insurers and when coverage from the excess insurance policy is triggered with multiple parties, contracts, and layers of insurance.
Also, unique challenges are present when the primary insurer settles a claim for less than the policy limits. Tapping the excess policies in these situations requires counsel to focus on the language of the policies and involves resolving many legal issues.
Listen as our authoritative panel of insurance attorneys discusses principles of vertical and horizontal insurance coverage, principles related to triggering excess policies, and ways to resolve issues with the excess carrier when the primary carrier settles for less than the policy limits.
I. Overview of horizontal and vertical insurance coverage in the additional insured context
II. The priority of coverage between the primary carrier and excess insurer and the triggering of excess insurance
III. The dichotomy of views among states and recent case law
IV. Strategies for resolving issues when the primary carrier settles for less than the policy limits
The panel will review these and other vital issues:
- When additional insured coverage involves both primary and excess policies, what are the best strategies for resolving vertical vs. horizontal exhaustion?
- How can counsel resolve issues that arise between the excess carrier and primary carrier when the primary carrier settles for less than the policy limits?
- What are the different rules for tapping excess insurance for continuous injury claims, and how should counsel best reconcile these rules?
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