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2017

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The Water-Electricity Nexus In California: Drought-Induced Risk To Thermal Electricity Generation, Timothy S. Hyles Jan 2017

The Water-Electricity Nexus In California: Drought-Induced Risk To Thermal Electricity Generation, Timothy S. Hyles

Cal Poly Humboldt theses and projects

Investigating the possibility that drought might limit the water supply needed for thermal electricity generation in California, power plant water consumption data was compared to urban and agricultural consumptive demands to identify areas where power plants might contribute to regional water stress. To identify areas where power plants might be impacted by water stress, regional power plant, urban, and agricultural water demands were also compared to the available water supply. A list of power plants that would contribute most to regional water scarcity (individually and in aggregate) was highlighted, based on the plant’s water consumption volume, water-intensity, and water source. …


The Effect Of Online Education On Pre-Service Teachers’ Knowledge Of Peer Tutoring, Dominic S. Ratto Jan 2017

The Effect Of Online Education On Pre-Service Teachers’ Knowledge Of Peer Tutoring, Dominic S. Ratto

Cal Poly Humboldt theses and projects

The purpose of this study was to find the effectiveness of online education compared to text-based education when teaching pre-service educators about peer tutoring in physical education. As students with disabilities are being more regularly included in general education classes, it is important that pre-service teachers have ample and quality opportunities to learn about important topics and strategies within education, such as peer tutoring. This study compared knowledge scores between the experimental group (online education) and the control group (text-based education). The online education group received the knowledge through podcasts that were created using Mayer’s principles for multimedia learning. No …


The Influence Of Canopy Cover And Climate On Early Life-Stage Vital Rates For Northern Red-Legged Frogs (Rana Aurora), And The Implications For Population Growth Rates, Kecly Mcharry Jan 2017

The Influence Of Canopy Cover And Climate On Early Life-Stage Vital Rates For Northern Red-Legged Frogs (Rana Aurora), And The Implications For Population Growth Rates, Kecly Mcharry

Cal Poly Humboldt theses and projects

Many amphibian species are in decline due to habitat loss and changing climates. Understanding how habitat characteristics and climate influence vital rates, and if they act in concert or in opposition can inform management decisions. This study investigated the potential interaction of canopy cover and climate on early stage vital rates of northern red-legged frogs. Demographic data were collected from sample populations in experimental canopy cover treatments across a latitudinal distribution. Rearing cages were used to estimate hatch success, and mark-recapture surveys to estimate tadpole survival. Ambient air temperature was used as an index of climate because it is easily …


From Vulnerability To Resilience: Emergency Planning For Individuals With Developmental Disabilities And Their Service Providers In Humboldt County, California, Dawn C. Albrecht Jan 2017

From Vulnerability To Resilience: Emergency Planning For Individuals With Developmental Disabilities And Their Service Providers In Humboldt County, California, Dawn C. Albrecht

Cal Poly Humboldt theses and projects

Shortfalls in emergency mitigation, planning, response and recovery for people with disabilities have frequently resulted in increased negative impact for these individuals ranging from a loss of essential services to preventable injury and death. The purpose of this project was to identify the gaps in planning for individuals with developmental disabilities and their service providers in Humboldt County, California, and close these gaps by providing outreach, education, and emergency engagement plans for these individuals and members of their support teams. This project used a mixed-method approach, including questionnaires and feedback forms, informal interviews, workshops, and examples of on-site planning specific …


Mobbing Behavior In Wild Steller's Jay (Cyanocitta Stelleri), Kelly Anne Commons Jan 2017

Mobbing Behavior In Wild Steller's Jay (Cyanocitta Stelleri), Kelly Anne Commons

Cal Poly Humboldt theses and projects

Mobbing is a widespread anti-predator behavior with multifaceted functions. Mobbing behavior has been found to differ with respect to many individual, group, and encounter level factors. To better understand the factors that influence mobbing behavior in wild Steller’s jays (Cyanocitta stelleri), I induced mobbing behavior using 3 predator mounts: a great horned owl (Bubo virginianus), common raven (Corvus corax), and sharp-shinned hawk (Accipiter cooperii). I observed 90 responses to mock predators by 33 color-marked individuals and found that jays varied in their attendance at mobbing trials, their alarm calling behavior, and in …


Seasonal Fish And Invertebrate Communities In Three Northern California Estuaries, Katherine Osborn Jan 2017

Seasonal Fish And Invertebrate Communities In Three Northern California Estuaries, Katherine Osborn

Cal Poly Humboldt theses and projects

The majority of Northern California estuaries are small, flooded, river valleys that are largely unstudied due to their small sizes and remote locations. Yet these estuaries serve as important nursery areas for many marine fish species including rockfish, flatfish, smelt, and herring, and they are vital to anadromous species such as Chinook Salmon (Oncorhynchus tshawytscha) and Steelhead (O. mykiss). I sampled the summer and winter fish and invertebrate communities of the Big, Mad, and Ten Mile river estuaries. Fish were sampled via beach seine or fyke net and invertebrates were sampled via benthic cores, June 2014-June …


Equal Access, Knowledge, And Empowerment: Promoting Inclusion In Sex Education And Reproductive Health Care For Humboldt County's Spanish Speaking Population, Corinna Irwin Jan 2017

Equal Access, Knowledge, And Empowerment: Promoting Inclusion In Sex Education And Reproductive Health Care For Humboldt County's Spanish Speaking Population, Corinna Irwin

Cal Poly Humboldt theses and projects

Humboldt County which was a white, working class economy, has recently seen a growing Latino migrant population, doubling from 6% in the year 2000, to nearly 12% in 2016. [Census 2016] Many of these migrants are undocumented and their command of and comfort with using English ranges from fluent to nearly nothing. Women and children from this population may especially be affected by local policy and systems, due to gender and age disparities. The barriers towards health care services extend when considering sexual and reproductive health, which has wavering support and funding in the current political climate. This ethnography examines …


Juvenile Remains: Predicting Body Mass And Stature In Modern American Populations, Erin F E Pinkston Jan 2017

Juvenile Remains: Predicting Body Mass And Stature In Modern American Populations, Erin F E Pinkston

Cal Poly Humboldt theses and projects

There are increasing numbers of unidentified persons in the U.S. and abroad. To generate positive identifications, forensic anthropologists and others working in the medicolegal field employ a variety of methods to produce biological profiles to match to case files and missing persons databases. Body mass, and stature are two important components of a biological profile, and both can be estimated using regression formulae derived from skeletal metrics. In cases of unidentified juvenile remains, these are particularly important metrics, as it is difficult or impossible to determine sex in prepubescent remains, and the quality of ancestry estimation is currently under debate …


The Health, Fitness, And Anthropometric Characteristics Of Firefighters On The North Coast Of California, Gil Spitz Jan 2017

The Health, Fitness, And Anthropometric Characteristics Of Firefighters On The North Coast Of California, Gil Spitz

Cal Poly Humboldt theses and projects

ABSTRACT

THE HEALTH, FITNESS AND ANTHROPOMETRIC CHARACTERISTICS OF FIREFIGHTERS ON THE NORTH COAST OF CALIFORNIA

Gil Spitz

Limited research has been conducted on the health-related physical fitness level of rural firefighters on the northern coast of California. The geographic isolation of rural firefighters creates unique challenges, including staffing shortages placing individual firefighters under unusual physiological stress.

PURPOSE: The purpose of this study was to examine the health-related physical fitness status of rural firefighters.

METHODS: 20 male firefighters (mean±sd, age = 32±7 yr, height = 180±5 cm, body mass = 96±16 kg, fire service = 9±7 yr) on the …


Finding Nondestructive Parameters For Root-To-Shoot Ratios In Douglas-Fir, Grand Fir, And Redwood Saplings In Northwest California For Biomass And Carbon Storage Estimates, Walter A. Kast Jan 2017

Finding Nondestructive Parameters For Root-To-Shoot Ratios In Douglas-Fir, Grand Fir, And Redwood Saplings In Northwest California For Biomass And Carbon Storage Estimates, Walter A. Kast

Cal Poly Humboldt theses and projects

ABSTRACT

FINDING NONDESTRUCTIVE PARAMETERS FOR ROOT-TO-SHOOT RATIOS IN DOUGLAS-FIR, GRAND FIR, AND REDWOOD SAPLINGS IN NORTHWEST CALIFORNIA FOR BIOMASS AND CARBON STORAGE ESTIMATES

Walter A. Kast

There is a need for better understanding of how woody biomass is allocated above and belowground and how this allocation might differ among tree species. In this field of research, investigators face challenges such as the laborious task of removing trees from the soil with destructive sampling, and the cleaning, drying, and weighing of belowground biomass (BGB). Therefore, researchers and practitioners most often rely on existing models to predict BGB from easily-measurable aboveground variables …


Abundance, Growth, And Predation By Non-Native Brown Trout In The Trinity River, Ca, Justin S. Alvarez Jan 2017

Abundance, Growth, And Predation By Non-Native Brown Trout In The Trinity River, Ca, Justin S. Alvarez

Cal Poly Humboldt theses and projects

Brown Trout were introduced to the Trinity River in Northern California in the 1890’s. Since 1932, Brown Trout have sustained their population without additional stocking. Over the last 15 years, fisheries managers have been concerned that predation by piscivorous Brown Trout may impede efforts to restore native salmonids, in particular endangered Coho Salmon. I investigated predation by Brown Trout on native fish in the 64 km of the main stem Trinity River below Lewiston Dam. Using a bioenergetics approach parameterized with field measurements of Brown Trout abundance and growth, I estimated the amount of energy needed to sustain the 2015 …


Weight Perception And Weight Loss Behaviors: A Comparison Between Adolescents With And Without Autism Spectrum Disorder, Elanor J. Anderson Jan 2017

Weight Perception And Weight Loss Behaviors: A Comparison Between Adolescents With And Without Autism Spectrum Disorder, Elanor J. Anderson

Cal Poly Humboldt theses and projects

OBJECTIVE: The primary purpose of this study is to investigate the accuracy of weight status perception among adolescents with and without Autism Spectrum Disorder. A secondary purpose is to compare weight loss behaviors between children with and without ASD.

METHODS: This study measured weight-perception and weight loss behaviors among Irish-thirteen-year olds with ASD (n=47) and typically developing (TD) children (n=47) (72% male). Participants completed questionnaires assessing perception of weight and weight loss behaviors. . Based on BMI, calculated from height and weight measurements, participants were classified as non-overweight, overweight and obese. Several Chi-square tests were used to examine (1) differences …


The Effects Of Adapted Physical Education On Students With Down Syndrome: A Meta-Analysis, Christopher Ij Bolt Jan 2017

The Effects Of Adapted Physical Education On Students With Down Syndrome: A Meta-Analysis, Christopher Ij Bolt

Cal Poly Humboldt theses and projects

Objective: The purpose of this study was to synthesize findings from physical activity interventions on children and adolescents with Down syndrome.

Design: The present study employed a quantitative research synthesis design. The overall conclusions of past research highlight important issues related to physical activity interventions performed on children and adolescents with Down syndrome.

Methods: Standard meta-analytic procedures incorporating inclusion and exclusion criteria, literature search, coding procedures, and statistical methods were used to identify and synthesize 24 studies with 258 independent samples. Cohen’s (1988) criteria for effect sizes were used to interpret and evaluate results.

Results: The average treatment effect for …


Evidence-Based Assessment In Adapted Physical Education On Psychomotor Outcomes: A Meta-Analysis, Sam R. Diskin Jan 2017

Evidence-Based Assessment In Adapted Physical Education On Psychomotor Outcomes: A Meta-Analysis, Sam R. Diskin

Cal Poly Humboldt theses and projects

There is little data to show evidence-based practices in adapted physical education and whether it is working or not. There is a lack of information currently on the frequency that assessments are being done, on the disabilities that are being assessed or should be assessed with each test, and on the uses of the assessments that are being done. The aim of this paper is to assess and synthesize all evidence-based practices on psychomotor outcomes in adapted physical education using a meta-analysis. Data was sourced from computerized searches using the following databases: SPORT Discus, PsycINFO, PsycARTICLES, Pub Med (Medline), Cochrane …


An Investigation Of The Hydraulics In A Prototype Pool-And-Chute, Vortex Weir Fishway For Anadromous Fish Passage., Brendan Foster Jan 2017

An Investigation Of The Hydraulics In A Prototype Pool-And-Chute, Vortex Weir Fishway For Anadromous Fish Passage., Brendan Foster

Cal Poly Humboldt theses and projects

This thesis presents the hydraulic characteristics and simulated passage efficiency of a hybrid pool-and-chute, vortex weir fishway designed by Michael Love & Associates. A physical 1:15 scale model was constructed and evaluated at an 8% slope over three prototype flow rates representing high and medium fish passage flows. The highest velocities and turbulent kinetic energy (TKE) values were concentrated along the fishway centerline at the high and medium flow rate and the pool sides showed lower velocities and TKE. Large eddies spin laterally and longitudinally throughout each pool. The velocity vector directions at the lowest flow rate measured differed from …


The Influence Of Physical Activity Participation And Externalizing Behaviors Among Children With And Without Attention Deficit Hyperactivity Disorder, Nikander Jonte Jan 2017

The Influence Of Physical Activity Participation And Externalizing Behaviors Among Children With And Without Attention Deficit Hyperactivity Disorder, Nikander Jonte

Cal Poly Humboldt theses and projects

BACKGROUND: ADHD is brain disorder described by an ongoing pattern of inattention and/or hyperactivity-impulsivity that interferes with functioning or development. One in every 20 children is affected by ADHD. PURPOSE: To examine the effect between physical activity participation and externalizing behaviors (conduct and hyperactivity) among children with and without ADHD. METHODS: The Growing Up in Ireland National Data set was used for analysis, only children with a diagnosis of ADHD were included (n = 77), and a gender-matched, random sample of children without ADHD for comparison purposes (n= 77). A Factorial ANOVA was conducted to compare the main effects of …


Effects Of Active Versus Passive Recovery On Blood Lactate And Performance In Repeated Wingate Tests, Madison Kirkpatrick Jan 2017

Effects Of Active Versus Passive Recovery On Blood Lactate And Performance In Repeated Wingate Tests, Madison Kirkpatrick

Cal Poly Humboldt theses and projects

The purpose of this study is to determine if an active recovery of a long duration at a moderate intensity or a passive recovery is more beneficial for subsequent anaerobic performance by tracking blood lactate and comparing anaerobic performance variables across Wingate tests. Currently, there is a lack of research on the effect of a longer duration active recovery protocol on blood lactate levels and power output in repeated Wingate tests as compared to passive recovery. A significant interaction was found between recovery and time for blood lactate (F = 6.935; p = 0.000). Blood Lactate levels were significantly …


Aspirants And Interlopers: First-Generation, Underrepresented, Low-Income Master's Students, Jennifer Miles Jan 2017

Aspirants And Interlopers: First-Generation, Underrepresented, Low-Income Master's Students, Jennifer Miles

Cal Poly Humboldt theses and projects

This thesis is based on eleven interviews with seven students enrolled in a social science master’s degree program at a small public university in the Western United States (University of the Northwest - UNW). My analysis details the differences in pathways and educational experiences between first- and continuing-generation students in this program. I found that first-generation, underrepresented, low-income (FGULI) students expressed greater difficulty fitting into graduate school, greater doubt about their ability to ‘do’ graduate school, less comfort interacting with faculty, and less ease with the concept of graduate school and with conceptualizing themselves as graduate students than continuing-generation students …


Kids In Transition To School (Kits), Beth L. Green, Lorelei Mitchell, Lindsey Brianna Patterson Jan 2017

Kids In Transition To School (Kits), Beth L. Green, Lorelei Mitchell, Lindsey Brianna Patterson

Early Childhood

During the summer and fall of 2016, children and families in 16 schools in Lane County participated in the Kids in Transition to School (KITS) Program. KITS includes 16 weeks of group-based child classes and 12 weeks of parenting workshops, using an evidence-based curriculum designed to improve school readiness skills and parenting. To learn more about the KITS program from the perspective of participating families, four focus groups were held with parents who participated in KITS. A total of 44 parents participated in the groups, which were located in four different schools (two small, rural locations and two larger more …


The Compassion Of “Compassionate Migration”, John Shuford Jan 2017

The Compassion Of “Compassionate Migration”, John Shuford

Conflict Resolution Faculty Publications and Presentations

“Compassionate migration” carries social significance and implies moral criteria. This practical notion should provide means to review, envision, and develop laws, policies, and practices for how we engage noncitizens and build political community within wider human relations. Yet “compassion” is an elastic concept; competing discourses and practices reveal conflicting meanings, assumptions, and orientations. “Compassionate migration” needs criteria upon which its “compassion” is evaluated, including how this notion evolves and what practical results it inspires—such as social cohesion, immigrant integration, strengthened community, and societal transformation. Bookending the chapter’s conceptually driven discussion are two recent, and opposite, case studies in the American …


Associations Between Prescribed Chinese Herbal Medicine And Risk Of Hepatocellular Carcinoma In Patients With Chronic Hepatitis B: A Nationwide Population-Based Cohort Study, Tzung-Yi Tsai, Hanoch Livneh, Tsung-Hsing Hung, I-Hsin Lin, Ming-Chi Lu, Chia-Chou Yeh Jan 2017

Associations Between Prescribed Chinese Herbal Medicine And Risk Of Hepatocellular Carcinoma In Patients With Chronic Hepatitis B: A Nationwide Population-Based Cohort Study, Tzung-Yi Tsai, Hanoch Livneh, Tsung-Hsing Hung, I-Hsin Lin, Ming-Chi Lu, Chia-Chou Yeh

Counselor Education Faculty Publications and Presentations

Objective: Patients with chronic hepatitis B (CHB) are reported to exhibit higher risk of subsequent hepatocellular carcinoma (HCC). However, it remains unclear if Chinese herbal medicine (CHM), an important category of traditional Chinese medicine (TCM), may lower HCC risk in this population. So this study aimed to investigate the effects of CHM on HCC risk among patients with CHB.

Methods: This cohort study used the Taiwanese National Health Insurance Research Database to identify 21,020 newly diagnosed patients with CHB from 1998 to 2007. Among them, 8640 received CHM products after CHB onset (CHM users), and the remaining 12,380 patients were …


Patent Working Requirements: Historical And Comparative Perspectives, Marketa Trimble Jan 2017

Patent Working Requirements: Historical And Comparative Perspectives, Marketa Trimble

Scholarly Works

At the beginning of the 20th century, commentators referred to patent working requirements as the most contentious contemporary concept in patent law, and working requirements were at the center of discussions about revisions to the Paris Convention. By the end of the 20th century it seemed that working requirements attracted less attention; the TRIPS Agreement did not expressly mention working requirements at all. However, some TRIPS provisions do arguably relate to such requirements; in fact, some commentators believe that the TRIPS Agreement prevents countries from maintaining such requirements, at least in some forms. Although the lack of interest in working …


U.S. State Copyright Laws: Challenge And Potential, Marketa Trimble Jan 2017

U.S. State Copyright Laws: Challenge And Potential, Marketa Trimble

Scholarly Works

With copyright law in the United States lying primarily in the realm of federal law, the laws of the U.S. states concerning copyright do not typically attract significant attention from scholars, practitioners, and policy makers. Some recent events have drawn attention to state copyright laws – for example, litigation against a satellite radio provider for infringement of state common-law public performance rights in pre-1972 sound recordings. However, in general, state copyright laws remain largely in the shadow of federal copyright law, and state law is typically not viewed as a particularly useful vehicle for pursuing the policies that copyright law …


Using Feminist Theory To Advance Equal Justice Under Law, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi Jan 2017

Using Feminist Theory To Advance Equal Justice Under Law, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi

Scholarly Works

This essay provides an overview of the purposes, themes and scholarly methodologies evidenced at the October 2016 conference, The U.S. Feminist Judgments Project: Writing the Law, Rewriting the Future, a two-day conference hosted by the Center for Constitutional Law at the University of Akron School of Law. This essay provides some of the background to the development of the path-breaking book, Feminist Judgments: Rewritten Opinions of the United States Supreme Court (Cambridge University Press, 2016). It also focuses attention on the importance of diversity on the bench, with a particular need for judges who understand or experience the intersecting …


Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick Jan 2017

Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick

Scholarly Works

The Indian Child Welfare Act (ICWA) is under fire from people who argue that it interferes with adoptions and violates the constitution by doing so. The current crop of lawsuits is an outgrowth of a 2012 case in which the Supreme Court heard its second-ever challenge to the law. While the Court sidestepped the most far-reaching anti-ICWA arguments, the majority opinion evidenced a deep skepticism about the law. This skepticism led the Court to narrow the law’s application so that it didn’t apply to the family involved, and it seemed to invite further challenges to the law.


The Hipaa Privacy Rule And The Eu Gdpr: Illustrative Comparisons, Stacey A. Tovino Jan 2017

The Hipaa Privacy Rule And The Eu Gdpr: Illustrative Comparisons, Stacey A. Tovino

Scholarly Works

In this Article, Professor Tovino compares and contrasts three illustrative concepts and rights in the Privacy Rule and/or the GDPR, including the concepts of authorization and consent, the rights of amendment and rectification, and the right to erasure. Identified similarities reflect the core values of HHS and the EU with respect to maintaining the confidentiality and privacy of personal data and protected health information, respectively. Identified differences reflect the Privacy Rule's original, narrow focus on health industry participants and individually identifiable health information compared to the GDPR's broad focus on data controllers and personal data. Other differences reflect, perhaps, the …


Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel Jan 2017

Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel

Scholarly Works

Arbitration between insurers and reinsurers – those who insure insurance companies – should logically run as smoothly as any arbitration process. Like the traditional commercial arbitration that drove enactment of the Federal Arbitration Act, reinsurance arbitration involves experienced actors in a confined industry in which the parties should be constructively aware of the rules, norms, customs and practices of the industry. But in spite of this, reinsurance arbitration experiences consistent problems of which the participants complain. This article reviews the complaints and exams possible solutions – including the possibility of arbitrating less and litigating more. Although these possible solutions would …


The Reconquista Student: Critical Information Literacy, Civics, And Confronting Student Intolerance, Jonathan T. Cope Jan 2017

The Reconquista Student: Critical Information Literacy, Civics, And Confronting Student Intolerance, Jonathan T. Cope

Communications in Information Literacy

Given the increasing power and prominence of political figures in the United States who openly espouse xenophobic, misogynistic, white nationalist positions it is only natural to anticipate encountering students who express these views in our libraries and classrooms. In this essay I use the methods of normative political theory to explore the following question: What are a set of consistent philosophical positions that Critical Information Literacy (CIL) could take that would allow it to respond to intolerance in a way that furthers its stated goals? CIL can draw upon the large body of literature on civic education in the United …


Asymmetry And Adequacy In Discovery Incentives: The Discouraging Implications In Haeger V. Goodyear, Jeffrey W. Stempel Jan 2017

Asymmetry And Adequacy In Discovery Incentives: The Discouraging Implications In Haeger V. Goodyear, Jeffrey W. Stempel

Scholarly Works

In this article, Professor Jeffrey Stempel explores the implications the decision in Haeger v. Goodyear Tire & Rubber Co. has for discovery and civil procedure. Professor Stempel argues the troublesome narrative that discovery problems and "abuse" are largely problems of claimants seeking excessive discovery that is unduly burdensome and costly relative to the case at hand is a significant part of the problem. Since the mid-1970s, the prevailing narrative has blamed discovery seekers more than discovery resisters.In that narrative, discovery problems are largely the problems of plaintiffs that are too unrealistic, sloppy, lazy, or greedy in frequently seeking excessive discovery. …


An Analytic "Gap": The Perils Of Relentless Enforcement Of Payment-By-Underlying-Insurer-Only Language In Excess Insurance Policies, Jeffrey W. Stempel Jan 2017

An Analytic "Gap": The Perils Of Relentless Enforcement Of Payment-By-Underlying-Insurer-Only Language In Excess Insurance Policies, Jeffrey W. Stempel

Scholarly Works

Excess liability insurance, as the phrase implies, sits atop primary insurance or a lower layer of excess insurance and is required to cover only claims that are above the policy's "underlying limit" and reach the "attachment point" of the excess policy in question. Historically, the law was largely indifferent to whether the underlying limit was exhausted by full payment from the underlying insurer or by other means such as payment by the policyholder due to an underlying insurer's insolvency or because the policyholder and underlying insurer had compromised a coverage dispute for less than 100 percent coverage by the underlying …