Insurance 101 – Chapter 2 – Volume 12 – More on Excess v. Primary

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.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.

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