Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union

Heather Anderson – December 11, 2013 In the last year, the U.S. District Court for the District of Colorado found that a settlement payment from an excess insurance carrier to another primary insurance carrier precluded a finding of vertical exhaustion sufficient to trigger the primary carrier’s duty to indemnify.  See Scottsdale Ins. Co. v. National… Continue reading Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union

Another Outrageous Insurance Claim Denial by People’s Trust Insurance Company, Part II

Nicole Vinson – December 7, 2013 You don’t have to have a law degree or be an insurance guru to see through one of the recent arguments People’s Trust has been using when denying insurance claims. Buying insurance with People’s Trust is very different than the way insurance is purchased with other Florida carriers. The basic… Continue reading Another Outrageous Insurance Claim Denial by People’s Trust Insurance Company, Part II

Can an Insurer Raise an Exclusion After the Denial Letter?

Christopher Nahas – November 27, 2013 Is an Insurer’s right to raise a policy exclusion waived when it fails to identify the exclusion in its denial letter or disclaimer? Not in New York. In fact, this is the case in most jurisdictions. Generally, the doctrines of waiver and estoppel are not applicable in the context… Continue reading Can an Insurer Raise an Exclusion After the Denial Letter?

%d bloggers like this: