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Marsh Brings Clarity and Contract Certainty to Excess Liability Coverage


Posted on 25 Apr 2013 by Neilson

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MarshMarsh has announced the availability of a new, proprietary excess liability policy form that helps minimize conflicting terms and conditions often found in carrier-specific excess policies. Developed by Marsh's US Casualty Practice and Bowring Marsh, with support from world-leading insurers, the Marsh XSellence form is designed to provide clients with greater coverage consistency within their casualty programs.

Excess layer-to-layer coverage inconsistencies, including duty to defend language and "other insurance" clauses, can sometimes lead to claims being denied or payments delayed when organizations most need protection: following a catastrophic liability claim. In addition to other enhancements, Marsh XSellence addresses many of the common inconsistencies found in carrier-drafted excess policies that purport to follow underlying coverage forms. This includes providing explicit language as to which policy the coverage follows.

"Using Marsh's longstanding and extensive claims advocacy experience, technical expertise, and market leadership, Marsh XSellence has been designed to mitigate ambiguities in excess policies and bring greater contract certainty to our clients," said Tony Tam, Marsh's US Excess Casualty leader. "With proper attention paid to addressing these excess policy inconsistencies, we are taking a big step in making ‘follow form' a reality."

Marsh currently has more than $250 million in market capacity committed to the Marsh XSellence form with additional capacity expected in the second quarter.


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