Allocation of Loss in Insurance Litigation
Effective Scope of Coverage Strategies for Policyholders and Insurers
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Thursday, November 6, 2008
Recorded event now available
Description
Business losses often arise in the context of many location and parties who are insured, uninsured or self-insured and involve multiple policies with differing coverage provisions, liability limits and time periods covered.
Courts, policyholders and insurers struggle with insurance allocation questions. The supreme courts of both Wisconsin and Massachusetts have accepted for review cases hinging on allocation issues, and the Vermont Supreme Court recently ruled on allocation in long-tail cases.
Counsel for policyholders and insurance companies must grasp different allocation methodologies and reallocation to ensure their clients’ needs are met.
Listen as our panel of insurance law attorneys examines allocation of loss in business insurance coverage, including allocation methodologies, court treatment, and effective scope-of-coverage strategies for policyholders and insurers.
Outline
- Brief overview
- Allocation methodologies
- All sums
- Pro rata
- Joint and Several Liability Approach
- Time on the Risk
- Allocation between Insurers and Policyholders
- Retentions, Deductibles and Retrospective Premiums
- Missing Policies
- Uninsured Periods of Gaps in Coverage
- Policies Issued by Insolvent Insurers
- Exhaustion of Available Coverage in a Policy Period
- Policyholder’s Role in Reallocation
- Allocation Among Insurers
- “Other insurance” Clauses That May Be Used to Reallocate Loss
- Multi-year Contracts and Stub Contracts
- Number of Occurences and Nature of Underlying Claims D. Applicable Limits
- Apportionment of Defense Costs
- Applicability of Exclusions
- Best practices
Benefits
The panel will review these and other key questions:
- What are the fundamental allocation methodologies in insurance and how do they work?
- What role does the policyholder play in the reallocation process?
- What is the impact of the number of occurrences analysis on the scope of coverage?
Faculty
Martha E. Conlin,
Member
Cozen O'Connor, Chicago
She concentrates her practice in all areas of insurance coverage, handling insurance matters related to asbestos, complex torts and product liability, environmental coverage, and coverage claims.
Rachel Kronowitz,
Partner
Gilbert Randolph, Washington, D.C.
She focuses on strategic risk management, counseling corporations in structuring insurance and risk transfer portfolios, and insurance recovery for significant claims.
Sherilyn Pastor,
Partner
McCarter & English, Newark, N.J.
She is the Practice Leader of McCarter & English's Insurance Coverage Group and has secured hundreds of millions of dollars in insurance assets for a broad range of policyholder clients.
Paul A. Dame,
Associate
Wiley Rein, Washington, D.C
He represents insurers in coverage litigation under general liability, property and professional liability coverages in courts across the country.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
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Available ten business days after the live event
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Customer Reviews
I enjoyed the speaker's helpful insights for insurance practitioners and I particularly liked their 'best practice' tips.
Daina Bray
Phelps Dunbar LLP
This seminar covered a lot of territory in a short period of time. It also assumed that the attendees had a significant level of experience coming into the program, which I did.
Louis C. Long
Pietragallo
The speaker's use of practical examples and not just talking about legal concepts, was very good.
Jeffrey Kaplan
Gaglione, Dolan & Kaplan
I liked the different speaker perspectives.
Gina Fama
Standard Chartered Bank
The seminar was given in a very user friendly presentation format.
Danielle Burns
Duane Morris LLP
Insurance Law Advisory Board
Partner
Farella Braun + Martel
Partner
Nelson Levine deLuca & Horst
Counsel
Reed Smith
Partner
Chamberlin, Keaster & Brockman
Counsel
Carter Ledyard & Milburn
Partner
Clyde & Co.
Partner
Barger & Wolen
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