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Amicus Library

Excess Insurance
AllAmerica Financial Corporation, SMA Financial Corporation, et al. vs. Certain Underwriters at Lloyd’s London
Year: 2006
Court: Massachusetts Supreme Judicial Court
Case Number: SJC-09834
Issue:
  • Excess Insurance
State:
  • Massachusetts

The Court requested submission of an amicus curiae brief on the issue of “whether an excess insurer, having provided a follow-form excess insurance policy, is bound by the primary insurer’s determination of the primary policy’s applicability in the settlement of a class action suit that…

Qualcomm Inc. vs. Certain Underwriters at Lloyd’s, London
Year: 2007
Court: California Supreme Court
Case Number: S163293
Issue:
  • Excess Insurance
State:
  • California

Letter in Support of Petition for Review. UP took that the position that where a policyholder settles with a primary insurance for less than the full amount of the policy, the policyholder may still collect from its excess insurance company if a judgment is rendered…

Montrose Chemical Corp. v. Superior Court (Montrose IX)
Year: 2017
Court: California Supreme Court
Case Number: B272387/S244737
Issue:
  • Allocation and Contribution
  • Excess Insurance
State:
  • California

UP submitted letters requesting depublication of the appellate decision and supporting review by the California Supreme Court. In it’s letters UP argued that the Montrose IX Court created new and bad law by (a) adopting a coverage-minimizing reading of the term “underlying insurance,” in contravention…

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