INSURANCE COMPANY'S LETTER SAYING "EXCESS" IS NOT A DENIAL, SAYS ILLINOIS DCA.

          A District Court of Appeal in Illinois holds that a letter from a First-Party Insurance Carrier to its Insured which says that the Carrier's Coverage is "excess" to the Coverage of another Carrier because of their competing "other insurance" clauses, is not a denial of Coverage.  Burress-Taylor v/ American Security Insurance Co., 2012 Ill. App. (1st) 110554, 980 N.E.2d 679, 685-86 ¶¶ 20 & 21, 2012 WL 5292848 *5 ¶¶ 20 & 21 (Ill. 1st DCA October 26, 2012)("Nothing in the letter indicates that plaintiff's claim was denied....  At most, the letter apprises plaintiff of the status of her claim and the policy's limits.  This is not tantamount to a denial.").

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