Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims
Methods of Allocation Among Insurers and Allocation to Insured for Uncovered Claims or Policy Periods
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide insurer and policyholder insurance counsel with an analysis of the various issues that arise in the allocation of defense costs among multiple insurers and between covered and uncovered claims. The panel will discuss different approaches to allocation among multiple insurers, and recent case law developments regarding the allocation of defense costs.
Outline
- Allocation of defense costs where multiple insurers have a duty to defend
- Joint and several vs. all sums theories of allocation
- Contribution among insurers
- Allocation of defense costs for periods of non-coverage
- Allocation of defense costs among covered and non-covered claims
- Insurer’s right to reimbursement of defense cost
Benefits
The panel will review these and other key issues:
- What is the insurer’s right, if any, to apportion or allocate defense costs incurred by the insured in a “mixed action”?
- What is the distinction between the duties to defend and indemnify, and how does this impact allocation of defense costs among multiple insurers?
- What jurisdictions have weighed in on the appropriate allocation theory for defense costs?
Faculty
Louis H. Kozloff
Partner
Goldberg Segalla
With a practice that focuses on insurance coverage and other insurance-related litigation, Mr. Kozloff — a... | Read More
With a practice that focuses on insurance coverage and other insurance-related litigation, Mr. Kozloff — a skilled counselor who combines advocacy with sound business judgment — represents insurance companies in coverage issues and bad faith disputes, including commercial general liability, directors and officers, errors and omissions, and first-party property claims. He also defends complex liability claims for insureds and has nearly two decades of experience in the insurance sphere.
CloseJeffrey L. Schulman
Managing Member
The Law Offices of Jeffrey L. Schulman
Mr. Schulman has tried numerous jury and non-jury cases to verdict and recovered tens of millions of dollars over the... | Read More
Mr. Schulman has tried numerous jury and non-jury cases to verdict and recovered tens of millions of dollars over the course of his career for individual and corporate clients by way of mediation and arbitration. He was formerly a partner and group leader in a large firm’s nationally recognized insurance recovery practice. His insurance recovery practice focuses on representing individual, corporate and commercial policyholders in a wide variety of coverage disputes, including first-party property damage, D&O, E&O, fidelity, construction defect, product liability, multimedia, and environmental claims.
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