All Sums v. Pro Rata: Allocating Damages in Insurance Claims
Indemnification Strategies in Continuing Property Damage and Personal Injury Claims
New Massachusetts high court ruling contradicts California Stringfellow decision
Recording of a 90-minute CLE webinar with Q&A
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.
- Allocation of liability
- All sums rule
- Pro rata/Time on the risk allocation
- Anti-stacking clauses
- Loss mitigation
- 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
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?
Laura A. Foggan
She co-chairs the firm’s Appellate Practice and is a member of the Insurance Practice. She advises and represents... | Read More
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.Close
Robert M. Horkovich
Anderson Kill & Olick
He has substantial experience in trying complex insurance coverage actions for corporate policyholders. The Chambers... | Read More
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.Close