More on Excess v. Primary
The thrust of the rulings in this area clearly indicate that the carrier which has the demonstrable exposure to judgment is the one which should bear the expense of defense of the tort action, while the right to participate therein rests within the discretion of the excess carrier. It would be an unfair burden to require it to defend or pay for the insured’s defense when that insured has a primary carrier fully obligated and able to defend it, and whose interests are fully united with it. On the other hand when the exposure is less than the primary limits the duty to defend will remain with the primary insurer.
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