Seventh Circuit: “Follow Form” Insurance Policy Does Not Allow Excess Insurer to Take Advantage of Arbitration Provision in Underlying Policy

In insurance, a “follow form” endorsement is typically understood to mean that an excess or umbrella insurance policy incorporates the terms of another underlying insurance policy.  An excess carrier with such an endorsement might reasonably expect, then, that it could take advantage of an arbitration provision in the underlying policy.  Not so fast, the Seventh Circuit recently ruled.

Read More

Seventh Circuit Holds that Service of Suit Clause in Insurance Contract Waives Right of Removal

The Seventh Circuit recently weighed in on the meaning and effect of a “service of suit” clause in an insurance agreement.  The Court held that a service of suit clause gave the insured the right to pick the jurisdiction and venue for bringing suit and, it followed, waived the insurer’s right to remove the suit to federal court.

Read More