Arizona Biltmore Resort & Spa
2400 E Missouri Ave
Phoenix, AZ 85016
Jonathan Toren of the Global Insurance Department will present on a panel at the 23rd Annual Insurance Coverage Litigation Committee Midyear Program titled “Primary and Excess Coverage in Construction Defect Cases.”
Construction defect claims often involve damages that may exceed the limits of primary coverage, insurers with coverage defenses against these claims, and defendants that are insolvent or in precarious financial situations. The result can be a complicated stew of relationships involving excess and primary coverage, and the insurers’ obligations to their insured and one another. This panel will explore a few of the many issues that arise in these situations, including: the insured’s obligations to notify and cooperate with primary and excess carriers and to satisfy deductibles and self-insured retentions; what other parties should do if the insured fails or is unable to meet these obligations; the primary carrier’s obligations in circumstances where primary limits may be exceeded; the ways in which excess coverage may be triggered; the extent to which excess carriers can or should be involved before policies are triggered; the obligations - if any - owed directly by primary carriers to excess carriers; and how each of the parties can protect its interests during litigation and settlement.
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