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

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 exhausted the primary policy. The simple answer is “YES.” Because Lloyd’s policy expressly agreed to “subject” itself to the primary’s insurer’s control of the defense and settlement, it is bound by all good faith determinations made in the exercise of that control, including all decisions leading to the exhaustion of the primary limits.

UP’s brief was written pro bono by Joseph P. Dougher, Esq. and Steven D. Urgo, Esq. of Obermayer Rebmann Maxwell & Hippel LLP

 

The information presented in this publication is for general informational purposes and is not a substitute for legal advice. If you have a specific legal issue or problem, United Policyholders recommends that you consult with an attorney. Guidance on hiring professional help can be found in the “Find Help” section of www.uphelp.org. United Policyholders does not sell insurance or certify, endorse or warrant any of the insurance products, vendors, or professionals identified on our website.

Source: https://uphelp.org/amicus-briefs/allamerica-financial-corporation-sma-financial-corporation-et-al-vs-certain-underwriters-at-lloyds-london/
Date: April 26, 2024