Excess Insurer’s Duty To Indemnify Suit Is Premature, 5th Circuit Panel Says

( October 10, 2025, 1:43 PM EDT) -- NEW ORLEANS — A district court properly dismissed an excess liability insurer’s declaratory judgment suit because the insurer’s duty to indemnify its insured and the insured’s employee in an underlying negligence suit cannot be determined until after the underlying suit is resolved, the Fifth Circuit U.S. Court of Appeals said....