Excess Insurers' Right to Challenge the Primary Insurers' Claim Adjustment
D&O and Management Liability Insurance attorney Thomas Bentz will participate in a Strafford webinar discussion on an excess carrier's ability to challenge decisions made by a primary insurer. Generally, an excess carrier that follows form cannot challenge the underlying insurer's payment decisions on claims it is asked to cover. However, whether a policy follows form on relevant issues may not be clear, and the parties must examine the specific policy language at issue. In addition, a court review of the coverage may bind the parties, though excess carriers can still challenge the reasonableness of settlement decisions. This webinar will examine these issues and more, parsing out when an excess carrier can challenge coverage, settlement and prior payment decisions as well as when prior rulings do not bind one that follows form.