Oct. 25, 2012
Good faith duty exists from inception for excess carriers
Insurers often claim their obligations under an excess policy do not arise until the underlying policy has been exhausted, which is not entirely accurate under state law.
Brian S. Kabateck
Founding and Managing Partner
Kabateck LLP
Consumer rights
633 W. Fifth Street Suite 3200
Los Angeles , CA 90071
Phone: 213-217-5000
Email: bsk@kbklawyers.com
Brian represents plaintiffs in personal injury, mass torts litigation, class actions, insurance bad faith, insurance litigation and commercial contingency litigation. He is a former president of Consumer Attorneys of California.
Joshua H. Haffner
Attorney
Haffner Law PC
Phone: (213) 514-5681
Email: jhh@haffnerlawyers.com
UC Hastings COL; San Francisco CA
Excess insurers often claim their obligations under an excess policy do not arise until the underlying (i.e., primary) insurance policy has been exhausted. This, however, is not entirely accurate under California law. Excess insurance carriers owe a duty of good faith and fair dealing from the inception of the agreement. In the context of a claim that has a reasonable likelihood of triggering excess coverage, any unreasonable conduct by the excess carrier that jeopardizes the insured's c...
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