Excess Insurers Not Bound To Settlement By Underlying Insurer Despite 'follow-form' Structure Of Excess Policies

摘要

Coverage disputes involving excess insurers come in two general types-First, just as in the case of primary policies, issues arise whether a particular loss is covered under the terms of the excess policy. The second type are cases where the coverage question itself is not in dispute, but, rather, the relationship between the primary and excess insurers, and how their policies should interact, is tested. The second type often give rise to complex decisions, tied to specific policy language and circumstances surrounding the claim. For this reason, these cases do not always leave behind general rules that are easily applied to future disputes.