Releasing Secondary Insurer Without Releasing Primary
We have an injury case where there is a primary and secondary liability coverage. The secondary coverage has tendered limits. Is there a way to accept the tender without releasing our rights to the primary coverage?
Answer: No. The excess carrier won’t pay unless it gets a release of all claims against the insured. If it did, the insured would sue it. You need to tell them you will take the money when the primary carrier tenders its limits. However, with the excess carrier having tendered, that really ought to encourage the primary to do so. I’d do a time-limited, policy limits demand letter to the primary carrier and see if that doesn’t get them off dead-center.
Posted on Wed, December 18, 2013
by Travis Law Office filed under