Insurance 101 – Chapter 2 – Volume 11 – Excess Need Not Defend Until Primary Limits Exhausted

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.

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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