A primary insurer (Truck Insurance Exchange) and an umbrella insurer (Federal Insurance Company) have been involved in a series of lawsuits dating back to 2007. The California Court of Appeal recently ruled that their...more
On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more
This is the first in a series of discussions about insurance issues unique to the Lone Star State. For nearly a century, the Stowers doctrine has been a critical cornerstone of Texas insurance law protecting insureds...more
Our language around settlements connotes war and peace – in settling we are “buying our peace” or “ceasing hostilities.” The old saw is that a good settlement leaves no one satisfied, but in truth, a good settlement leaves...more
Disputes between policyholders and excess insurers often involve events that occurred before the underlying defense costs or indemnity payments reached the excess layer. In Stryker Corp. v. Nat’l Union Fire Ins. Co. of...more
In Ace American Ins. Co. v. Fireman's Fund Ins. Co. (No. B264861, filed 8/5/16), a California appeals court held that an excess insurer that contributes to the settlement of an underlying case due to the primary insurer’s...more
When an employer is vicariously liable to a third party for its employee’s negligence, and both the employer and employee have primary and umbrella policies covering liability to the third party, the employee’s primary and...more