Excess Insurers’ Right to Challenge The Primary Insurers’ Claim Adjustment
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss when prior rulings on coverage do not bind an excess insurer that follows form and when it can challenge the primary carrier's coverage, settlement, and payment decisions, including the theory of "improper erosion."
- Following form and its variations
- Challenging claims treatment the excess is asked to cover
- Challenging claims treatment the excess is not asked to cover
- Binding effect of prior judgments
- Recent decisions
The panel will review these and other key issues:
- If a follow-form insurer is denied the opportunity to dispute the validity of a primary insurer's payment, can it challenge a prior payment decision by the primary insurer?
- Can the excess carrier dispute the validity of claims it is not asked to cover?
- Can allegations of "improper erosion" be the basis of a bad faith claim by the primary carriers? By the insured?
- What type of specific language clearly and unambiguously reserves the excess carrier's right to second-guess lower-tier insurers' coverage decisions?
- When multiple claims are involved, does the order and timing of the submission of claims matter?
Thomas H. Bentz, Jr.
Holland & Knight
Mr. Bentz Jr. practices insurance law with a focus on D&O, cyber and other management liability insurance... | Read More
Mr. Bentz Jr. practices insurance law with a focus on D&O, cyber and other management liability insurance policies. He leads Holland & Knight's D&O and Management Liability Insurance Team which provides insight and guidance on ways to improve policy language and helps insureds maximize their possible insurance recovery. Mr. Bentz also co-chairs the firm's Insurance Industry Team.Close
Elizabeth L. (Liz) Taylor
Ms. Taylor focuses her practice on Insurance Recovery. She has experience representing and advising corporate... | Read More
Ms. Taylor focuses her practice on Insurance Recovery. She has experience representing and advising corporate policyholders at various stages including risk management counseling, claims handling, and insurance coverage litigation. Ms. Taylor has worked on coverage disputes under various types of insurance policies including commercial general liability, business income, directors and officers liability, fiduciary liability, and employment practices liability. She has also collaborated with the firm’s financial industry group and global regulatory enforcement group defending financial institutions in litigation and representing corporate clients in government investigations.Close
Nathan B. Lee
Mr. Lee focuses his practice on civil litigation matters, including personal injury, insurance... | Read More
Mr. Lee focuses his practice on civil litigation matters, including personal injury, insurance coverage, and business-related disputes, and has particular expertise pertaining to asbestos issues. He also represents subcontractors in construction-related claims and has successfully litigated on behalf of numerous clients in civil proceedings, including at evidentiary hearings and trials. Mr. Lee works closely with clients from case inception to resolution to obtain the best possible outcome.Close