Excess Need Not Defend Until Primary Limits Exhausted
Generally, an excess insurer is not required to contribute to the defense of the insured so long as the primary insurer is required to defend. The discussion assumes that the relationship between the insurers arises through the operation of other insurance clauses and not by design of the insured. The considerations regarding allocation of the duty to defend where the relationship between the insurers arises by design may differ from that
when the relationship arises by coincidence.
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