District of New Jersey Court Clarifies Primary Insurer’s Duty of Good Faith to Excess Insurer

By: Anthony L. Miscioscia and Margo E. Meta A primary insurer has a duty of good faith to an excess insurer to attempt to negotiate a settlement with a third-party claimant within the primary insurer’s limits. However, determining whether that duty of good faith was met presents some difficulty. While an excess carrier may be…