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The Hidden Risk in Overlapping Insurance Policies

by | Aug 26, 2025 | Firm News |

When businesses file an insurance claim, they expect support—not silence. But when more than one insurance carrier is involved, disputes between them can complicate the claims process.

This often plays out in what’s known as contribution disputes, where one insurer argues that another should have shared in the cost of defense or indemnity. While these disagreements happen between insurance companies, they can significantly affect the policyholder.

A Closer Look at The Issue

In a recent case, California Capital Insurance Co. v. Employers Compensation Insurance Co., the court examined what happens when two insurers provide overlapping coverage. California Capital had defended and settled a personal injury claim, but later sought repayment from Employers Compensation, asserting that both policies applied.

The court agreed that Employers should have helped cover the costs. Although the ruling dealt with insurer obligations, the case highlights what businesses face when coverage is delayed or disputed.

Why It Should Matter

Contribution disputes can leave policyholders caught in the middle. In some cases, coverage is delayed while insurers sort out who should pay. In others, the policyholder ends up covering legal defense costs while both carriers argue. This creates exposure for businesses that rely on prompt support during litigation.

For industries like construction, development, and logistics (where multiple layers of coverage are common) this is especially important. A single claim can trigger obligations across general liability, umbrella, and professional liability policies.

Protecting Your Business

If your company has layered or overlapping insurance, it’s worth reviewing how those policies interact. Insurers may shift responsibility to avoid payment, but that should not delay your right to defense. In California, the duty to defend is broad. If your insurer refuses to act or causes delays, you may have legal options.

When there’s a contribution dispute, the insurance companies can resolve that issue between themselves. That dispute should not come at the expense of your business’s protection.

The Value of Legal Support

At McLeod Law Group, we represent business owners dealing with these kinds of coverage issues. Our team helps hold insurers accountable and recover the full value of their claims—even in cases involving multiple carriers. If you’re facing a claim, and aren’t getting clear answers from your insurer, we can help you move the process forward.

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