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.
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.
By
Joseph G. Blute And John M. StephanThis premium content is locked for LawJournalNewsletters subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.
