Insured fails to establish primary coverage to trigger excess

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted July 14, 2020 10:24 AM

The 1st District Appellate Court recently upheld trial court rulings against an insured regarding the failure to exhaust primary coverage for purposes of triggering excess. The insured in John Crane Inc. v. Allianz Underwriters Insurance Co., 2020 IL App (1st) 180223 (June 12), was represented by Scharf Banks Marmor LLC of Chicago and Anderson Kill P.C. in New York. Cohn Baughman & Martin represented the defendant excess insurers.Crane, the manufacturer of gaskets and other products containing asbestos and sold largely …

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