Exhaustion Clause and Excess Insurer's Liability after Settling for Less than Limits

 

In Qualcomm, Inc. v. Certain Underwriters At Lloyd's, 2008 WL 763483 (Cal.App. 4 Dist., 2008), the California Court of Appeals affirmed the lower court's decision that coverage under an excess policy was not triggered because the primary insurer had neither paid the “full amount” of its policy limits nor had it become legally obligated to pay the full amount of the primary limits pursuant to the parties' settlement agreement.