Allocation of Liability for Continuous Damage Losses: All Sums v. Pro Rata
Best Practices for Policyholders and Insurers to Allocate Indemnity and Expenses
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide insurance counsel with an analysis of the various allocation approaches in continuous damage claim cases and discuss case law developments and recent trends. The panel will outline approaches for insurers and policyholders to effectively leverage allocation methodologies.
- All sums allocation post-Stringfellow
- Pro-rata allocation post-Boston Gas
- Strategies to negotiate effective allocation methodology
- Policyholder arguments
- Insurer arguments
The panel will review these and other key questions:
- What is the distinction between the duties to defend and indemnify, and how does this impact allocation methodologies?
- Can the limits in triggered policies be stacked in a continuous loss?
- What steps can policyholders and insurers take to recover damages and defend coverage under policies when facing continuous damage claims?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
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 is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate... | Read More
He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate policyholders. He is “the ‘go-to person’ in the area of insurance recovery” according to the Chambers USA 2005 Client’s Guide. He has obtained over $2 billion in settlements and judgments from insurance companies for his clients over the past decade.Close