September 23, 2021 - Marilyn B. Fagelson Presenting At American College of Coverage Counsel 2021 Annual Meeting
Date: Thursday, Sept 23, 2021
Time: 11:45 am – 12:30 pm in King Arthur Court
Session Title: Can You Climb the Excess Tower and Enjoy the View From Up There?
Session Description: The challenges of proving exhaustion of underlying insurance so as to access excess policies can be daunting. This panel will explore two aspects of exhaustion. First, what is “proper” exhaustion? To establish proper exhaustion,
does a policyholder have to prove that an underlying settlement or judgment encompassed only covered claims or, put another way, when does an excess carrier get to dissect the underlying settlement or the claims handling decisions of the underlying carriers? Second, how can exhaustion be established when entering into a below-limits settlement with the underlying carrier? Has
Qualcomm made such below-limits settlements impossible or just difficult?