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Answering a question certified by the First Circuit, the New Hampshire Supreme Court ruled that an excess insurer has no duty to defend until the primary insurer’s coverage is exhausted.  Old Republic Ins. Co. v. Stratford Ins. Co., 2016 WL 302212 (N.H. Jan. 26, 2016).  Noting that the allocation of defense costs between a primary and an excess insurer was previously unsettled under New Hampshire law, the New Hampshire Supreme Court joined the majority of jurisdictions in holding that an excess insurer has no obligation to participate in the defense of a policyholder until primary policy limits have been exhausted.  The court explained that “[u]ntil the excess insurer has indemnity exposure, there is no reason it should have a role in making strategic decisions regarding the defense of an insured, nor should it be required to pay a share of the defense costs.”  The court expressly distinguished cases in which two insurers, both with excess “other insurance” provisions, have been required to shared defense costs equally.  In those cases, competing excess “other insurance” provisions were deemed mutually repugnant and thus unenforceable, rendering both policies co-primary.