Advocating Allocation of Liability and Exhaustion of Policy Limits: Policyholder and Carrier Perspectives
Indemnity Allocation Among Multiple Policies and Lines of Insurance, Horizontal vs. Vertical Exhaustion, Set-Off and Contribution
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide insurance counsel with the latest developments in liability allocation, a review of critical issues in horizontal and vertical insurance, the interrelationship between the liability of the primary carrier and the excess insurer, allocation among multiple lines of insurance, and best practices to resolve priority of coverage disputes.
Outline
- Allocation of indemnity among multiple policies; all sums vs. pro-rata allocation
- Allocation among multiple lines of insurance
- Strategies to negotiate effective allocation methodology
- Horizontal vs. vertical exhaustion of policy limits
- Set-off and contribution in settlement
Benefits
The panel will review these and other key issues:
- Can the limits in triggered policies be stacked in a continuous loss?
- What steps can policyholders and insurers take to recover damages and defend coverage under policies when facing continuous damage claims?
- What are the practice considerations when one claim impacts D&O, E&O, and CGL policies?
- How can counsel resolve issues that arise between the excess carrier and primary carrier when the primary carrier settles for less than the policy limits?
- What are the different rules for tapping excess insurance for continuous injury claims, and how should counsel best reconcile these rules?
Faculty
Justin F. Lavella
Partner
Blank Rome
Mr. Lavella is a partner in Blank Rome’s policyholder-only insurance recovery practice, formerly the insurance... | Read More
Mr. Lavella is a partner in Blank Rome’s policyholder-only insurance recovery practice, formerly the insurance practice of Dickstein Shapiro LLP. He focuses his practice on representing corporate policyholders, debtors’ and creditors’ committees, professional partnerships, federal employees, and other parties in insurance coverage disputes relating to the full spectrum of insurable losses, including mass tort liabilities, directors’ and officers’ liabilities, professional errors and omissions liabilities, employee theft, product contamination and recall, and first-party property damage. He represents companies in all aspects of risk management and insurance recovery, including litigation, arbitration, mediation, and bankruptcy proceedings, as well as counseling clients regarding prospective insurance placement
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Scott M. Seaman
Co-Chair Global Insurance Services Practice Group
Hinshaw & Culbertson
Mr. Seaman's practice focuses on insurance, reinsurance, and commercial law and litigation. He has represented... | Read More
Mr. Seaman's practice focuses on insurance, reinsurance, and commercial law and litigation. He has represented companies in trial courts, appellate courts, and arbitrations nationwide in numerous high stakes matters, including cases involving general liability coverage, professional liability coverage, first-party property coverage, bad faith matters and facultative and treaty reinsurance contracts.
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