Perkins Coie LLP on Second Circuit Decision Not Precluding Excess Insurance When Settlement Is Below Policy Limits (PDF)
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Pro-insurer lawyers contend the Second Circuit decision in Ali v. Fed. Ins. Co. is the death knell to the long established decision in Zeig v. Mass. Bonding and Ins. Co. They assert that New York law has changed--now policyholders cannot settle coverage cases by bridging the gap between settlements at less than policy limits of primary insurance and the attachment point of upper level excess insurance. But that is not the teaching of Ali.
Perkins Coie LLP is an 850 lawyer firm with 19 offices across the US and Asia. The firm has over 45 insurance coverage lawyers who represent only policyholders. Les Brown is a partner in the Los Angeles office who has represented policyholders for over 25 years and has recovered several hundreds of millions of dollars for them in contested litigation. Norton Cutler is a Senior Counsel in the Denver office who was in charge of insurance coverage at the NCR corporation from 1990-93 and has also recovered over one hundred million dollars for firm policyholder clients.
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