Melbourne, Florida · Serving clients statewide

Monday to Friday, 8:00 AM to 4:00 PM  ·  Free consultation

Michael P. Sapourn, JD, CIC, CRM
Coverage Lines

Umbrella and Excess Liability Coverage

The short answer

Few claims reach the umbrella layer, but when they do, gaps between primary and excess policies can be catastrophic. Michael Sapourn analyzes following-form, aggregate and retention disputes and the agent standard of care when soliciting excess coverage.

The top layer

Commercial umbrella liability, also called excess liability, covers high-dollar claims that exhaust the limits of the underlying auto liability, general liability, employers liability and other primary policies. Only a small number of claims ever reach this layer, but if it is not written properly the results can be catastrophic.

Where disputes arise

When different insurers write the primary program and the umbrella or excess layer, coverage disputes can follow over:

  • Following-form requirements
  • Impaired aggregates
  • Self-insured retentions

Because each carrier drafts its own umbrella and excess forms, agents who write this protection have to navigate all of these issues carefully. We help counsel unravel this important but often misunderstood coverage.

Mr. Sapourn is retained by both plaintiff and defense counsel for case analysis, opinion reports, affidavits, depositions and trial testimony. Request his CV and Rule 26 disclosure through the contact form.

Frequently asked questions

Are umbrella policies standardized?

No. Umbrella and excess policies are typically drafted by each carrier. There is no industry-wide standard form, which is why coverage disputes between layers are common.

Has Mr. Sapourn testified on excess coverage?

Yes, including the agent and broker standard of care when soliciting a personal excess liability policy, and a dispute over whether a personal umbrella policy covered an uninsured motorist claim.

Free consultation

Have Mike look at your situation

Share a few details and he will follow up with you personally. Attorneys looking for an expert witness can use the same form.

Sending this form does not create an attorney-client relationship. Please do not send confidential information until we confirm we can help.

Talk to a lawyer who knows how insurers think.

Tell Mike what happened with your claim or your agent. The first consultation is free, and you will speak with him directly.