Analysis

9th Circ. Buoys Policyholders In Excess Settlement Fights

Law360, Los Angeles (March 22, 2017, 9:17 PM EDT) -- The Ninth Circuit refused Tuesday to disturb California appellate precedent establishing that an excess insurance carrier must either approve a policyholder's settlement of a covered claim or assume the insured's defense if it wishes to avoid litigation, giving policyholders more leverage to secure reluctant excess insurers' participation in settlement talks.

In a published opinion, a three-judge panel of the appeals court affirmed a jury's verdict that excess insurer National Union Fire Insurance Co. of Pittsburgh, Pa., must pay $3.75 million to laryngeal mask company LMA North America Inc. to cover its settlement with a competitor over misleading advertisements allegedly characterizing the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!