In Piedmont Office Realty Trust, Inc. v. XL Specialty Insurance Co., 2015 WL 1773620 (Ga. Apr. 20, 2015), XL had provided Piedmont an excess policy with limits of $10 million excess of $10 million. The policy provided that XL will only pay for a “loss” that the policyholder became “legally obligated to pay.” The policy required the insurer’s consent to settle a claim, although it stated that the insurer would not unreasonably withhold consent. Further, the policy contained a provision prohibiting actions against XL …
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