Texas Pro-Policyholder Case Will Impact Excess Insurers

Law360, New York (September 25, 2014, 11:49 AM EDT) -- Recently, a Texas appeals court handed down a pro-policyholder opinion that may impact policyholders considering settlement with fewer than all insurers. In Plantation Pipe Line Co. v. Highlands Insurance Co., the issue before the court was whether the trial court erred in ruling that Plantation forfeited its coverage under a Highlands excess policy by settling with its underlying insurers for less than the full limits of the underlying policies, even though Plantation paid the difference between the underlying settlement amounts and the underlying policy limits. The appellate court reversed and held that the Highlands policy attaches notwithstanding the underlying settlements for less than full policy limits....

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