Factors in the Classification of 'True Excess,' 'Excess By Coincidence,' and Primary Policies

In assessing whether a particular insurance policy is excess or primary, courts consider a number of factors including: the premium paid for the policy (<i>ie</i>, the amount of consideration); the specific language of the policy (<i>ie</i>, the presence of an "other insurance" clause); the form of the policy (<i>ie</i>, whether the policy specifically identifies itself as "excess"); and whether the policy specifically identifies the primary policies. These factors determine whether the policy will be deemed "true excess," "excess by coincidence," or primary. This determination is necessarily fact intensive and involves not only an examination of the subject policy but also an examination of any other policy to which the subject policy is purportedly excess and the interaction of such policies.

43 minute read February 06, 2006 at 01:01 PM
By
Joseph G. Blute and John M. Stephan
Factors in the Classification of 'True Excess,' 'Excess By Coincidence,' and Primary Policies

In assessing whether a particular insurance policy is excess or primary, courts consider a number of factors including: the premium paid for the policy (ie, the amount of consideration); the specific language of the policy (ie, the presence of an “other insurance” clause); the form of the policy (ie, whether the policy specifically identifies itself as “excess”); and whether the policy specifically identifies the primary policies.

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