The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more
A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its...more
On May 2, 2025, the Tenth Circuit Court of Appeals issued an opinion in AdHealth Limited v. PorterCare Adventist Health Systems affirming the lower court’s summary judgment ruling that a hospital’s excess liability insurance...more
IBM recently filed a declaratory judgment action against multiple insurers seeking coverage for environmental remediation costs. The complaint contains lessons for policyholders facing long-tail environmental exposure claims....more
The United States District Court for the District of Columbia, applying Virginia law, denied an insured’s motion for partial judgment on the pleadings in part, finding that an insured person’s receipt of a subpoena does not...more
Just as the oilfield fuels the modern economy, master service agreements (MSAs) fuel the modern oilfield. But while almost every MSA contains indemnity and insurance clauses, experienced oilfield lawyers will advise their...more
Applying California law, the United States District Court for the Eastern District of California has held that an antitrust exclusion in a D&O policy bars coverage for lawsuits alleging violation of antitrust laws, violation...more
The California Court of Appeal, applying California law, has affirmed a trial court’s decision dismissing claims with prejudice against two excess carriers for the insureds’ failure to allege exhaustion of the underlying...more
Insurers are frequently asked to satisfy their duty of good faith and fair dealing by entertaining reasonable settlement offers within the combined limits of the policies. However, primary and excess insurers do not always...more
On June 7, the California Supreme Court issued an important opinion clarifying the circumstances under which an insured may trigger coverage under an excess policy in relation to a loss spanning multiple policy periods. This...more
Join Goldberg Segalla attorneys Zachary D. Oliva and Thomas M. Wester for a free interactive webinar as they discuss the duties and obligations of excess insurers when presented with high-value claims....more
Hosts Lynda A. Bennett and Eric Jesse of Lowenstein Sandler discuss how to access a tower of insurance coverage in light of the recent decision in Pharmacia Corporation v. Arch Specialty Insurance Company, where an...more
The United States Court of Appeals for the Fourth Circuit, applying South Carolina law, has ruled that an insurer had no duty to defend an insured in a defamation action because its policy provided excess coverage, even where...more
For nearly 100 years, courts across the country have followed the established majority view that an excess insurer may not avoid its coverage obligation by imposing technical requirements on the manner in which underlying...more
The United States Court of Appeals for the Third Circuit, applying New Jersey law, has affirmed that an excess policy did not provide coverage when an insured could not satisfy an express condition precedent to coverage...more
In a cautionary tale for insurers everywhere, a California court recently ordered two excess carriers to pay their policy limits twice for a single policy term. Why? Because in the policies at issue, the policy limits paid...more
Applying well-settled Wisconsin law, a federal district court found that an insurer had no duty to indemnify an oral hygiene product manufacturer for tainted products after determining that the losses did not result from an...more
In Vizio Inc. v. Arch Insurance Co., a case stemming from a class action settlement, the Ninth Circuit Court of Appeals clarified several areas of California law involving the interaction of primary and excess insurance...more
Employees of a subcontractor were injured on a construction project, and they sued the owner and the general contractor. The subcontractor’s excess insurer, Mt. Hawley Insurance Co., disclaimed additional insured coverage to...more
Today on “Don't Take No for an Answer,” co-hosts Lynda A. Bennett and Eric Jesse of the Insurance Recovery Group at Lowenstein Sandler discuss how to deal with excess insurers who refuse to follow a primary insurer’s...more
The U.S. District Court for the Northern District of Illinois, applying Illinois and Nevada law, has held that prior or pending litigation exclusions bar coverage for a contempt motion filed in a civil action commenced before...more
The widely publicized U.S. Supreme Court case addressing Harvard University’s (Harvard) admissions practices not only concerns a significant constitutional issue but also serves as a cautionary tale for businesses and...more
A North Carolina federal court, applying North Carolina law, has held that an excess insurer may not challenge payments made by underlying carriers. The insured university faced separate lawsuits by two faculty members...more
Applying California law, the United States District Court for the Northern District of California has held that correspondence to an underwriter referencing a claim during the renewal process did not satisfy the notice...more
In PCS Nitrogen, Inc. v. Cont'l Cas. Co., 436 S.C. 254, 871 S.E.2d 590 (2022), the Supreme Court of South Carolina formally adopted the “post-loss exception” - a common law rule providing that insurer consent is not required...more