Defense Coverage Under Excess Insurance Policy Forms
By Marc Mayerson | January 4, 2006 Defense-cost expense in major litigation (either one-shot cases or related, serial cases) can accumulate to rather substantial amounts, so naturally policyholders look to their liability-insurance policies for coverage. While most defense-cost coverage disputes concern primary-layer policies, excess insurers, too, may have obligations to perform. As discussed below, a recent Indiana appellate decision addressed coverage for defense costs und