The SIR Dilemma: When Does (And When Should) An Excess Carrier Get Involved?

ABA TIPS Insurance Coverage Litigation Midyear Meeting (Phoenix, Arizona)

This program focuses on issues that arise for self-insureds with first-layer excess coverage, and for excess carriers sitting above captive programs or self-insured retentions. When should an excess carrier get involved in a claim? When must it? What if an insured is insolvent and unable to satisfy the SIR? What if the insured believes the SIR has been satisfied, and the insurer disagrees? What if the excess carrier feels the insured is not defending the case appropriately? What if the insured wants to negotiate a settlement, and the excess does not? The cases are divided, and the law in this area is not always clear.

White and Williams Partner Eric Hermanson will moderate the discussion, panelists include:

  • Kenna Plangemann, Associate General Counsel, Senior Director of Claims, Suffolk Construction Co.
  • Iain Nasatir, Partner, Pachulski Stang Ziehl & Jones LLP
  • Seth Lamden, Partner, Neal, Gerber & Eisenberg LLP

The Insurance Coverage Litigation Committee is part of the ABA Tort Trial & Insurance Practice Section. To learn more click here.


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