Addressing issues left open in its seminal decision in Montrose, the California Supreme Court found that the language in the first-level excess policies meant that the insured could access the policies upon exhaustion of the directly underlying policies purchased for the same policy period. Truck Ins. Exchange v. Kaiser Cement & Gypsum
contribution
Excess Policy Not Triggered Despite Dissolution of Primary Carrier
By Tred R. Eyerly on
The excess carrier did to have to contribute to the defense and indemnity of the insureds because the dissolution of one of the primary carriers meant full exhaustion had not been accomplished. Continental Cas. Co., et al. v. Argonaut Ins. Co., et al., 331 Ore. App. 26 (Or. Ct. App. 2024).
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Insurer Has Duty to Defend Faulty Workmanship Claim
By Tred R. Eyerly on
The magistrate judge recommended a determination that the insurer owed a defense to the subcontractor sued for faulty workmanship. Hanover Lloyds Ins Co. v. Donegal Mut. Ins. Co., 2023 U.S. Dist. LEXIS 180877 (W.D. Texas Oct. 5, 2023).
Poe Investments, Ltd. entered into an agreement with Jordan Foster Construction, LLC…
Burden to Prove Exception to Exclusion Falls on Insured
By Tred R. Eyerly on
In a dispute between two insurers, the Ninth Circuit relied upon Nevada law in finding that the burden of proving that an exception to the exclusion applies was on the insured. Zurich Am. Ins. Co. v. Ironshore Specialty Ins. Co., 2022 U.S. App. LEXIS 1626 (9th Cir. Jan. 20, 2022).
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Insurers Litigate Subrogation, Contribution Dispute
By Tred R. Eyerly on
The court largely denied one insurer's motion to dismiss subrogation and contribution claims raised by another insurer. Zurich Am. Ins. Co. v. Aspen Spec. Ins. Co., 2021 U.S. Dist. LEXIS 148739 (D. Nev. Aug. 6, 2021).
Both Zurich and Aspen issued policies to Cosmopolitan Hotel and Casino for an incident that…