All Sums v. Pro Rata: Allocating Damages in Insurance Claims
Indemnification Strategies in Continuing Property Damage and Personal Injury Claims
Recording of a 90-minute CLE webinar with Q&A
Conducted on Tuesday, September 29, 2009
Recorded event now available
This seminar will discuss the new Massachusetts supreme court ruling that adopts pro-rata allocation of liability for covered continuous injury claims in light of a recent California decision that permitted stacking of policy limits. The panel will outline best practices for counsel to policyholders and insurers.
Description
Policyholders and insurers alike should fully review two recent significant court decisions to understand how liability may be allocated by the courts: Massachusetts' Boston Gas Co. v. Century Indemnity Co. and California's State of California v. Continental Insurance Co.
In July 2009, the Massachusetts Supreme Judicial Court gave a major victory to insurers. The court adopted a pro rata time-on-the-risk allocation for long-term loss. The decision impacts insurers and policyholders facing claims for progressive injury that might have started years ago.
This decision is contrary to a landmark California appeals court ruling earlier this year (also called the Stringfellow litigation) that a policyholder facing long-term property damage or personal injury claims may stack liability policy limits across policy periods to maximize recovery.
Listen as our authoritative panel of insurance law attorneys examines methods of liability allocation, the Massachusetts and California rulings, and the implications of the decisions nationwide. The panel will offer best practices for addressing indemnity issues in long-term injury claims litigation.
Outline
- Allocation of liability
- All sums rule
- Pro rata/Time on the risk allocation
- Anti-stacking clauses
- Loss mitigation
- Annualization
- Allocation in defense cases—how are defense costs shared
- Court treatment
- Boston Gas Co. v. Century Indemnity Co.
- State of California v. Continental Insurance Co.
- Implications of the rulings
- Court treatment in other jurisdictions
- Best practices for addressing indemnity issues in long-term injury claims litigation
Benefits
The panel will review these and other key questions:
- What is the impact of these decisions for Massachusetts insurance litigants? For insurers and policyholders outside Massachusetts?
- How does the Massachusetts pro rata allocation decision compare with California's decision that permitted stacking of liability policy limits across policy periods?
- What steps can policyholders and insurers take to recover damages or defend coverage under policies when facing long-term property damage or personal injury claims?
Faculty
Laura A. Foggan, Partner
Wiley Rein,
Washington, D.C.
She co-chairs the firm’s Appellate Practice and is a member of the Insurance Practice. She advises and represents insurers in commercial insurance work and insurance-related litigation. She also represents insurers in arbitration and mediation settings, provides testimony before state legislatures, and has contributed to the development of key insurance law precedents.
Robert M. Horkovich, Shareholder
Anderson Kill & Olick,
New York
He has substantial experience in trying complex insurance coverage actions for corporate policyholders. The Chambers Guide calls him the 'go-to person' in the area of insurance recovery. He served as Counsel in the State of California v. Continental Ins. Co. (2009) matter. He has also been engaged on several significant projects by the United Nations as its General Insurance Counsel.
Recordings
CLE On-Demand - Streaming Audio
Includes recorded streaming audio of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Audio $297.00
Recorded Event
Includes full event recording plus handouts.
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
Strafford will process CLE credit for one person on each recording.
Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.
Recorded Webinar Download $297.00
Recorded Audio Download (MP3) $297.00
Webinar
Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credits
Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.
Customer Reviews
The webinar’s content was relevant to several cases I have.
Charles Dalziel
Brock Clay
The program was extremely informative, easy to access and very organized.
Jennifer Root
Fineman Krekstein & Harris
Strafford’s program was fast-paced, full of information and easy to follow.
Kathleen Duggan
Ropers, Majeski, Kohn & Bentley
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
I thought the content was substantive.
Debra Curcio Lister
Miller Thomson
Insurance Law Advisory Board
Partner
Greve Clifford Wengel & Paras
Of Counsel
Damon Key Leong Kupchak Hastert
Partner
Farella Braun + Martel
Proprietor
Law Offices of Alan Palmer Jacobus
Atty
Drewry Simmons Vornehm
Partner
Timoney Knox
Counsel
Reed Smith
Partner
Selman Breitman
Partner
Whiteford Taylor Preston
Partner
Clyde & Co.
Partner
Jones Satre & Weimer
Partner
Hinshaw & Culbertson
Our Guarantee
Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.