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

“Other Insurance” Provisions

Shane Smith | Property Insurance Coverage Law Blog | January 22, 2017 In 2012, the Barnard Elementary School Building (“Barnard Building”) in Tulsa, Oklahoma sustained approximately $6 million in fire damage in 2012. There were two insurance policies covering the same policy period: (1) a policy issued by Philadelphia Indemnity Insurance Company (“Philadelphia”) to the… Continue reading “Other Insurance” Provisions

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