When Following Form Doesn’t Mean Following Form – Analyzing Excess Policy Language

December 2025

The Texas Supreme Court recently clarified the interpretation of excess liability insurance policies in Ohio Cas. Ins. Co. The Court emphasized that even when an excess policy is labeled “follow-form,” coverage disputes are governed by the excess policy’s text, not the underlying primary policy. Partner Nathan Lee examines this ruling and its implications for follow-form excess policies in an article for the American Bar Association, Tort Trial & Insurance Practice Section – Insurance Coverage Litigation newsletter.

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Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.