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Insurance Coverage vs. Indemnification Obligations

Insurance Coverage vs. Indemnification Obligations
Saturday, August 20, 2011
Related Practices & Jurisdictions
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What to do if your insurer attempts to convert its primary insurance coverage policy to an excess insurance policy. 

When calamity strikes, there may be a silver lining: the policyholder may benefit by having both insurance coverage and a right of indemnification from a third party to deal with the loss (or liability). This silver lining, however, may feel more like tin when the insurance company argues that its coverage obligations are actually "secondary" and that the indemnification must pay first before the primary coverage is triggered.

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