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The provision upon which Geico relies, however, is not a specific limitation on the power and authority of the arbitrator to make an award in excess of the policy's limits.
Thus, the current state of the law appears to be that courts will enforce provisions in excess policies explicitly requiring the payment of full limits by any lower-layer insurers.
No court has ever declared a liability insurer to have acted in bad faith only because a jury found the insured liable for damages in excess of the policy limits.
It exposes insurers who do not act in good faith to the risks of extracontractual liability and damages in excess of policy limits.
7430(c)(1)(B)(iii), an hourly rate in excess of $125 is justified when the court finds that a special factor, such as the limited availability of qualified attorneys, exists.
THE DEVELOPMENT by American courts of a cause of action for breach of the implied covenant of good faith and fair dealing has created a number of concerns for insurance carriers and their counsel, particularly in relation to liability for damages in excess of stated limits specified in the insurance contract.
Two KOEL/Pielstick Diesel engines propel INS Sunayna and enable it to achieve speeds in excess of 25 knots.
9) in which the insurer was found liable for a judgment in excess of the policy limits after failing to settle the case when the plaintiffs demanded the full $20,000 policy limits.
162(m) limit on deductions for certain executive compensation in excess of $1 million annually.