Horizontal vs. Vertical Exhaustion of Insurance: Priority of Coverage and Settlement for Below Policy Limits
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide insurance counsel with a review of essential issues in horizontal and vertical exhaustion, the interrelationship between the primary carrier's obligation and those of the excess insurer, and best practices to resolve coverage priority disputes.
- 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 insured, 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?
Eric B. Hermanson
White and Williams
Mr. Hermanson represents primary and excess insurance carriers in high-exposure litigation on contested coverage... | Read More
Mr. Hermanson represents primary and excess insurance carriers in high-exposure litigation on contested coverage matters. Over a 30-year career, he has litigated more than two hundred cases, and successfully advised on hundreds more, in almost every U.S. state and the District of Columbia. Mr. Hermanson serves as Chair of the ABA Tort Trial and Insurance Practice Section (TIPS), Self-Insurers and Risk Management Committee; Vice-Chair of the ABA TIPS Insurance Coverage Litigation Committee; and past chair of the Boston Bar Association (BBA) Insurance Law Subcommittee. In 2019 he was elected to the American College of Coverage Counsel.Close
Anna M. Perry
Saxe Doernberger & Vita
Ms. Perry has a wealth of experience in contract reviews, insurance program evaluations, and coverage analysis.| Read More
Ms. Perry has a wealth of experience in contract reviews, insurance program evaluations, and coverage analysis.Close
Scott M. Seaman
Co-Chair Global Insurance Services Practice Group
Hinshaw & Culbertson
Mr. Seaman's practice focuses on insurance, reinsurance, and commercial law and litigation. He has represented... | Read More
Mr. Seaman's practice focuses on insurance, reinsurance, and commercial law and litigation. He has represented companies in trial courts, appellate courts, and arbitrations nationwide in numerous high stakes matters, including cases involving general liability coverage, professional liability coverage, first-party property coverage, bad faith matters and facultative and treaty reinsurance contracts.Close