David Adelstein | Florida Construction Legal Updates It’s not uncommon when liability insurers point the finger at each other relating to which insurer should be deemed primary, which insurer should be excess, or whether a pro rata contribution between insurers applies. Typically, this needs to be decided by the “other insurance” provision in the insurance policy that… Continue reading Finger Pointing Betwen Liability Insurers and “Other Insurance” Provision
Tag: Other Insurance Provisions
Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend
Nathan Lovett | Wiley Rein The United States District Court for the Central District of California, applying California law, has held that a D&O insurer cannot rely on an excess “other insurance” provision to preclude a duty to defend. TriPacific Capital Advisors, LLC v. Fed. Ins. Co., 2021 WL 5316407 (C.D. Cal. Nov. 15, 2021). The… Continue reading Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend
Indemnity Provision Prevails Over “Other Insurance” Clause
Tred R. Eyerly | Insurance Law Hawaii The Second Circuit predicted that the New York appellate courts would find the contractual indemnity provision prevailed over the application of an “other insurance” provisions. Cent. Sur. Co. v. Metro. Transit Auth., 2021 U.S. App. LEXIS 29860 (2nd Cir. Oct. 5,2021). Long Island Railroad (LIRR)… Continue reading Indemnity Provision Prevails Over “Other Insurance” Clause
Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks
Craig Rokuson | Traub Lieberman In Greater Mutual Insurance Company v. Continental Casualty Company, 2020 WL 5370419 (S.D.N.Y. September 8, 2020), the United States District Court for the Southern District of New York had occasion to consider the “other insurance” provisions of a commercial general liability policy, issued by Greater Mutual Insurance Company (“GNY”), and a… Continue reading Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks
Misread of Other Insurance Clause Becomes Costly for Insurer
Tred R. Eyerly | Insurance Law Hawaii | February 14, 2018 One insurer’s refusal to defend based upon its “other insurance” provision ultimately meant the insurer had to pay all of the insured’s defense costs. Steadfast Ins. Co. v. Greenwich Ins. Co., 2018 Wis. App. LEXIS 51 (Wis. Ct. App. Jan. 17, 2018). Milwaukee Metropolitan Sewerage… Continue reading Misread of Other Insurance Clause Becomes Costly for Insurer