Complete Exhaustion of Primary Coverage

The importance of including clear exhaustion language in excess policies, and the impact that settlements with primary insurers could potentially have when seeking to recover from higher-level policies.

17 minute read January 30, 2014 at 01:17 PM

William .p Shelley And Jeannie Park Lee

In December 2012, we wrote an article in which we noted a trend in courts requiring an insured to demonstrate that its primary policy has been exhausted solely by payment of the primary insurer. (See http://bit.ly/1hrbGTK.)

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