Excess insurance policies are generally written to be just that; they—through their “other insurance” provisions—purport apply in excess of other insurance available to the insured. In many jurisdictions, courts will commonly...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
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
Frequency of severity is back. Insurance buyers need to approach excess casualty renewals carefully to mitigate for loss trends and take advantage of a changing insurance market....more