Salvati v. American Insurance Co.

While I join this opinion, I write separately to express my concerns about its potential ramifications. It goes without saying that the typical consumer who purchases excess insurance expects that such insurance will protect him,or her in the event of a catastrophic accident where liability is relatively certain and where a potential judgment will likely exceed the primary coverage. Here, the Underlying Defendants, recognizing the extent'of Sal-vati’s claim, reasonably believed that their primary and excess insurance policies would protect them. Likewise, Salvati, having gained knowledge of…