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Insurance,
9th U.S. Circuit Court of Appeals

Nov. 2, 2017

Excess insurer’s duties clarified by 9th Circuit

A pro-policyholder decision by the 9th U.S. Circuit Court of Appeals clarified the duties of excess insurers when faced with a proposed settlement that implicates their policies.

Austin Dow Moody

Saxe Doernberger & Vita PC

Austin focuses his practice on corporate and individual policyholder issues, disputes and litigation, with a particular focus on the power and energy side of insurance coverage law.

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A pro-policyholder decision by the 9th U.S. Circuit Court of Appeals clarified the duties of excess insurers when faced with a proposed settlement that implicates their policies. In Teleflex Medical Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., 2017 DJDAR 2757 (9th Cir. March 21, 2017), the court rejected the insurer's argument that the "no voluntary payments" and "no action" provisions of the excess policy gave the insurer ...

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