Horizontal vs. Vertical Exhaustion of Insurance: Priority of Coverage and Settlement for Below Policy Limits
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide insurance counsel with a review of essential issues in horizontal and vertical insurance, the interrelationship between the liability of the primary carrier and the excess insurer, and best practices to resolve priority of coverage disputes.
Outline
- 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
Benefits
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?
- What are the different rules for tapping excess insurance for continuous injury claims, and how should counsel best reconcile these rules?
Faculty
Brendan V. Mullan
Counsel
Crowell & Moring
Mr. Mullan focuses his practice on litigating and counseling insurers and reinsurers in all aspects of the dispute... | Read More
Mr. Mullan focuses his practice on litigating and counseling insurers and reinsurers in all aspects of the dispute resolution process with an emphasis on complex insurance coverage disputes involving property and casualty, professional, and specialty line policies. He has represented insurers in high-stakes coverage matters for underlying mass tort, environmental contamination, product liability, and construction defect claims seeking hundreds of millions of dollars in insurance coverage. His litigation experience includes representing insurers in bankruptcy proceedings and reinsurance companies with disputes arising under facultative and treaty reinsurance contracts.
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Celia B. Waters
Attorney
Saxe Doernberger & Vita
Exclusively representing policyholders, Ms. Waters focuses her practice on complex insurance litigation matters with a... | Read More
Exclusively representing policyholders, Ms. Waters focuses her practice on complex insurance litigation matters with a special focus on power, oil and energy. Since joining the firm, she has dedicated her time to a number of complex builder’s risk insurance coverage disputes on large construction projects and central utility plants across the country. Ms. Waters has also worked on professional liability coverage disputes associated with design-build projects relating to propane dehydrogenation and hydrocracking plants located in the Middle East.
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