One of the most important issues under excess insurance policies relates to when liability attaches to the excess policy. In recent years, attachment disputes have arisen with increased frequency, particularly under excess D&O insurance policies.
Excess Policy Attachment: Policy Language Prevails
There is now a clear trend by courts to enforce the unambiguous attachment language in excess policies (which historically required payment by the underlying insurers of the full amount of the underlying limit as a condition to liability attaching to the excess policy). Those recent cases and their impact on future claims are summarized in this article.
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