Placing You First Insurance Podcast by CRC Group

Late Notice, Big Problems: What Retail Agents Need to Know About Excess Claims

CRC Group Episode 115

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0:00 | 34:03

Late notice to an excess carrier is one of those “small” steps that can explode into a coverage dispute at the worst possible time, like right before mediation or on the eve of trial. We talk through why excess claims notification is getting tougher in today’s market and how retail agents can protect their clients and themselves when a claim starts creeping toward the tower.

We’re joined by CRC Group’s claims pros who live this every day: Dave Gilfillian, Chief Claims Officer and leader of Claims Advocacy, Ari Shapiro, Claims Advocacy Director, and Cammie Powell, Senior Claims Coordinator. Together, we unpack what’s driving bigger claims, how plaintiff expectations and litigation funding can change the exposure curve, and why excess carriers are more likely to take a hard line on late notice. We also explain the concept of “prejudice,” how state law affects the analysis, and what a reservation of rights letter can signal when notice comes in too late.

We also challenge a dangerous assumption: “follow form” does not automatically mean “same rules.” Excess policies often include pages of exceptions, unique notice provisions, and surprises around defense costs and endorsements, especially in complex towers with multiple carriers. Our practical takeaway is straightforward: when the thought pops into your head that excess might be involved, send notice, document it clearly, and keep communication moving so no layer is blindsided.

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