• Sometimes You Have To Sweat The Small Stuff: Technicality Renders $10M Excess Policy Valueless

  • Feb 22 2024
  • Length: 13 mins
  • Podcast

Sometimes You Have To Sweat The Small Stuff: Technicality Renders $10M Excess Policy Valueless By cover art

Sometimes You Have To Sweat The Small Stuff: Technicality Renders $10M Excess Policy Valueless

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  • Summary

  • Hosts Lynda A. Bennett and Eric Jesse of Lowenstein Sandler discuss how to access a tower of insurance coverage in light of the recent decision in Pharmacia Corporation v. Arch Specialty Insurance Company, where an eighth-level excess insurer leveraged a hyper-technical condition to avoid coverage even though each and every underlying insurer had actually paid its full policy limit. They outline best practices for policyholders to follow when negotiating the terms of excess policies and resolving claims that implicate excess coverage so that if the parties enter into a settlement at the lower layers, all the terms have been properly preserved throughout.

    Speakers:

    Lynda A. Bennett, Partner and Chair, Insurance Recovery
    Eric Jesse, Partner, Insurance Recovery
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