On November 1, 2024, the United States District Court of New Hampshire, applying California law, decided in MRFranchise, Inc. v. Stratford Insurance Company, 2024 WL 4651195 (D. N.H. Nov. 1, 2024) that the contract exclusion in a director and officers
New Hampshire Court Holds Primary Must Exhaust Before Excess Must Defend
In responding to a certified question, the New Hampshire Supreme Court held that the excess carrier’s duty to defend is not triggered until the primary’s insurer’s policy is exhausted. Old Republic Ins. Co. v. Stratford Ins Co., 2016 N.H. LEXIS…