Vicarious liability means secondary coverage, irrespective of general rules governing primary and excess policies *

USA - March 11 2013
On February 28, 2013, the Fourth District California Court of Appeal issued a significant decision regarding the priority of coverage in matters…

Walking in empty shoes: Fifth Circuit allows excess carrier’s contractual subrogation claim despite purported assignment of insured’s rights to a third-party claimant *

USA - June 8 2012
Where an insured has assigned away its rights to recover available insurance, the insured’s “empty shoes” do not necessarily prevent an excess carrier that pays defense costs rightfully owed by primary carriers from pursuing the primary carriers based a contractual subrogation theory. 

California Supreme Court declines to review case involving whether equitable contribution actions are subject to 2 or 4-year limitations periods *

USA - May 15 2012
Insurers hoping for a definite answer regarding the limitations period for filing equitable contribution claims against one another were disappointed when, on April 11, 2012, the California Supreme Court refused to review the Fourth District Court of Appeal’s recent decision in American States Ins. Co. of Hartford, 202 Cal.App.4th 692 (2011).