Claims spanning multiple policy years present some of the most complex coverage issues in commercial umbrella and excess liability insurance. Long tail and continuous injury exposures frequently implicate prior or underlying carriers, particularly when one or more insurers become insolvent. In such circumstances, disputes commonly arise regarding defense obligations, the proper exhaustion of limits, allocation methodologies, and whether excess policies must drop down. For insurance brokers and senior risk managers responsible for layered liability programs, a clear understanding of these issues is essential to securing effective risk transfer and minimizing protracted coverage litigation.

State insurance guaranty funds serve as a backstop when admitted insurers become insolvent, yet their built-in limitations often create material gaps in commercial umbrella and excess liability programs.

The current U.S. Directors and Officers (D&O) liability insurance market is defined by a striking paradox: declining frequency of traditional securities class actions (SCAs) alongside sharply rising claim severity and a surge in insolvency-related and derivative litigation.

A discussion of a bulletin published by the TDI informing insurers of the requirements for the use of AI.

A discussion of a news release published by the TDI providing information in an effort to promote transparency.

A discussion of a news release published by the Louisiana DOI providing guidance following the storm.

A summary of the ISO Circular for June 22, 2026. Circulars provide a wide variety of information from form changes to rules, loss costs, experience reviews, and other information.

A United States District Court ruled against the insured after ruling that NFIP policies must be strictly adhered to since they are paid with federal funds.

When an insured accidentally drives a vehicle into the pond, is it collision, other than collision, or mechanical breakdown?

The third and final part in a series explaining the coverages provided and changes made in the 2026 update of Personal Umbrella Liability Policy DL 98 01 05 26.