Horizontal vs. Vertical Exhaustion of Insurance: Priority of Coverage and Settlement for Below Policy Limits
Panelists: Anna M. Perry, Attorney Saxe Doernberger & Vita, P.C., Eric B Hermanson, Partner, White & Williams, and Scott M. Seaman Partner, Hinshaw & Culbertson
June, 8, 2021 from 1:00pm to 2:30pm
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 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 policies' language and involves many legal issues.
Listen as our authoritative panel of insurance attorneys discusses vertical and horizontal insurance coverage principles, triggering excess policies, and resolving issues with the excess carrier when the primary carrier settles for less than the policy limits.
- Overview of horizontal and vertical insurance coverage in the additional insured context
- The priority of coverage between the primary carrier and excess insurer and the triggering of excess insurance
- The dichotomy of views among states and recent case law
- 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?
- How do you identify potentially problematic policy language when triggering excess insurance for continuous injury claims?
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