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

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…