Allocating Deductibles and Self-Insured Retention

Scope of Coverage Strategies for Policyholders and Insurers

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, February 2, 2011

Recorded event now available

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Course Materials

This CLE course will provide considerations and effective approaches for counsel to insurers and policyholders in allocating deductibles and retentions. The panel will review factors in determining the number of occurrences by analyzing current divergent paths of court rulings in these areas.

Description

While a number of cases address allocation of liability across policy limits, few courts have addressed the issue of allocation of deductibles or self-insured retentions. Decisions addressing the issue fall into three categories, each applying a totally different analysis.

Those categories include all sums or joint and several liability; proration of deductibles, and horizontal exhaustion of deductibles. Furthermore, in analyzing the allocation of deductibles, deciding whether a claim constitutes one or multiple occurrences is critical.

The two major, but very divergent, tests to determine the number of occurrences are the “cause test” or the "liability-triggering event test." For these critical tests on allocation of deductibles and number of occurrences, are you familiar with the latest decisions?

Listen as our authoritative panel of insurance attorneys discusses the latest legal developments in allocation of deductibles and provides effective arguments from both the insurer's and the policyholder's perspectives.

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Outline

  1. Applicable case law on allocation of deductibles
    1. All sums or joint and several liability
    2. Proration of deductibles
    3. Horizontal exhaustion of deductibles
  2. Number of occurrences
    1. “Cause test”
    2. “Liability-triggering event test”
    3. “Unfortunate events test”
  3. Effective arguments concerning allocation of deductibles and SIRs
    1. Policyholder perspective
    2. Insurer perspective

Benefits

The panel will review these and other key questions:

  • What are the case law trends in apportioning deductibles when multiple policy years are triggered?
  • What is the impact of the number of occurrences analysis on the scope of coverage?
  • What steps can policyholders and insurers take to recover damages or access coverage under policies with deductibles or SIRs?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Jerold Oshinsky
Jerold Oshinsky
Partner
Jenner & Block

He focuses his practice on insurance coverage litigation on behalf of policyholders in federal and state courts...  |  Read More

John T. Harding
John T. Harding
Partner
Morrison Mahoney

He practices in the area of complex insurance coverage and "bad faith" litigation. For more than a decade he...  |  Read More

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