Excess and Surplus Lines

The excess and surplus market represents an important segment of the overall insurance industry, filling a key gap in the availability of coverage. With this type of insurance, the risks are often outside the box of what the standard carriers are comfortable writing. This may include coverage for a hole-in-one event, an amusement park or an oil drilling operation. 

The attorneys at Goldberg Segalla look both inside and outside the box to successfully resolve excess and surplus lines disputes. We have extensive experience as monitoring counsel for excess insurers (both foreign and domestic), and we have successfully handled disputes over language in the Bermuda Form and other specialty risk policies. 

Some of our recent engagements involved:

  • Risks that were materially misrepresented during the underwriting process, such as location, loss history and prior cancellation
  • “Ultimate Net Loss” as defined under a policy
  • Equitable contribution claims
  • Mistaken policy exhaustion
  • Allocation issues
  • Successfully defending claims for third-party coverage that were, in fact, policyholder capital improvements