Excess Policy Incorporated Underlying Policy's Arbitration Clause, Judge Rules

LYNCHBURG, Va. - An excess policy "follows form" of an underlying policy and therefore incorporates the underlying policy's arbitration clause, a Virginia federal judge has ruled in sending a products liability coverage dispute to arbitration. C.B. Fleet Company Inc. v. Aspen Insurance UK Ltd., No. 09-00062 (W.D. Va.).

On Oct. 15, Judge Norman K. Moon of the U.S. District Court for the Western District of Virginia further ruled that the excess insurer did not waive its right to arbitrate by filing responsive pleadings before removing the case to federal court and moving to stay the litigation pending arbitration.

In December …