FC&S Legal has published “Excess Policies Required Actual Payment of Underlying Limits Before Coverage Was Triggered, N.Y. Bankruptcy Court Rules” in its Eye on the Experts column.
This Eye on the Experts article by Stuart I. Gordon, a partner in the Long Island office of Rivkin Radler LLP, discusses a recent bankruptcy court decision, In re Rapid-American Corp., which reaffirmed the general insurance law principle requiring actual exhaustion of underlying coverage limits before excess policies can be reached – even when the insured seeks bankruptcy protection.


