Allocating Deductibles and Self-Insured Retention
Scope of Coverage Strategies for Policyholders and Insurers
Recording of a 90-minute CLE webinar with Q&A
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.
Outline
- Applicable case law on allocation of deductibles
- All sums or joint and several liability
- Proration of deductibles
- Horizontal exhaustion of deductibles
- Number of occurrences
- “Cause test”
- “Liability-triggering event test”
- “Unfortunate events test”
- Effective arguments concerning allocation of deductibles and SIRs
- Policyholder perspective
- 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
Partner
Jenner & Block
He focuses his practice on insurance coverage litigation on behalf of policyholders in federal and state courts... | Read More
He focuses his practice on insurance coverage litigation on behalf of policyholders in federal and state courts nationwide and on advising clients on insurance coverage related matters. He has litigated, and continues to litigate, many of the most significant, complex insurance coverage issues in the country. His sought-after experience has touched numerous clients in a wide variety of industries.
CloseJohn 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
He practices in the area of complex insurance coverage and "bad faith" litigation. For more than a decade he has been involved in representing insurers on a national basis in connection with coverage disputes arising out of underlying environmental, products and pharmaceutical liabilities. He has also litigated a number of cases involving disputes between primary and excess carriers.
Close