Defeat of Excess Insurer’s Drop Down Refusal Yields $30 Million

Our Fortune 500 builder client faced numerous claims as to which its excess insurer refused to drop down to defend or indemnify, premised upon an over-broad assertion of how follow-form excess policies work.  The insurer claimed that although its policy contained no self-insured retention, provision, it was entitled to force our client to absorb the first million dollars on every loss.  We defeated the insurer’s position and recovered over $30 million from the insurer.