On November 3, 2026, Marc Mayerson will present “Pleading the Whole-Tower Coverage Action Before Underlying Limits Are Exhausted.” It is the first session of the live myLawCLE webinar Suing Excess Insurers Before Exhaustion: The Policyholder’s Whole-Tower Action After Fox Paine, which runs from 12:00 to 2:10 p.m. ET and offers 2 CLE credits.

 

In Fox Paine & Co. v. Twin City Fire Insurance Co., decided in July 2026, the California Supreme Court held unanimously that the implied covenant operates from policy inception, not from attachment. Policyholders therefore may sue excess insurers across an entire tower before underlying limits are exhausted. Marc’s session covers the “reasonable likelihood” pleading standard, structuring a whole-tower complaint, mapping policy language across layered programs, and declaratory-relief claims against upper-layer excess carriers.

 

Katherine J. Henry of Bradley Arant Boult Cummings LLP will present the second session, on proving excess-insurer bad faith before the policy attaches.

 

Program details and registration