Transition from Primary to Excess Coverage: Effortless Step or Grand Canyon Leap?

Published by the American Bar Association, Section of Litigation, Insurance Coverage Litigation Practice Group

Managing Director Patrick McGrath outlines methodologies and factors to consider in demonstrating the exhaustion of underlying coverage in order to transition to excess layers of coverage in this American Bar Association article. According to McGrath, “the most basic method for proving an underlying policy’s exhaustion is to show that the underlying policy’s applicable limit has been paid out on claims—whether through direct claim payments, a final settlement between the insured and the underlying insurer, or a combination thereof.”


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