Situation
Primary and excess liability insurers agreed to settlement of a third-party claim against their mutual insured. After the excess insurer refused to pay its portion of the settlement according to the insurance policies, the primary insurer sought legal relief.
Result
Our team advised the primary insurer to avoid unnecessary exposure for failure to fund the settlement by paying the amount in dispute while separately pursuing the excess insurer. After deposition of the excess insurer’s representative, we secured a favorable settlement for the primary insurer.