Massachusetts court rules excess insurer not bound by primary insurer settlement

  Tuesday, August 7th, 2007 Source: Insurance Journal

An insurer of a so-called "follow form" excess policy is not bound by the decision of a primary insurer to settle a claim, the Massachusetts Supreme Judicial Court has ruled. The state’s highest court ruled that an excess insurer is entitled to make its own independent decision, even if the language of the excess policy follows the form of the primary policy.

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