Allocation of Loss in Insurance Litigation
Effective Scope of Coverage Strategies for Policyholders and Insurers
State Supreme Courts Tackle Allocation Issues
Recording of a 90-minute CLE webinar with Q&A
Outline
- Brief overview
- Allocation methodologies
- All sums
- Pro rata
- Joint and Several Liability Approach
- Time on the Risk
- Allocation between Insurers and Policyholders
- Retentions, Deductibles and Retrospective Premiums
- Missing Policies
- Uninsured Periods of Gaps in Coverage
- Policies Issued by Insolvent Insurers
- Exhaustion of Available Coverage in a Policy Period
- Policyholder’s Role in Reallocation
- Allocation Among Insurers
- “Other insurance” Clauses That May Be Used to Reallocate Loss
- Multi-year Contracts and Stub Contracts
- Number of Occurences and Nature of Underlying Claims D. Applicable Limits
- Apportionment of Defense Costs
- Applicability of Exclusions
- Best practices
Benefits
The panel will review these and other key questions:
- What are the fundamental allocation methodologies in insurance and how do they work?
- What role does the policyholder play in the reallocation process?
- What is the impact of the number of occurrences analysis on the scope of coverage?
Faculty
Martha E. Conlin
Member
Cozen O'Connor
She concentrates her practice in all areas of insurance coverage, handling insurance matters related to asbestos,... | Read More
She concentrates her practice in all areas of insurance coverage, handling insurance matters related to asbestos, complex torts and product liability, environmental coverage, and coverage claims.
CloseRachel S Kronowitz
Partner
Gilbert
She focuses on strategic risk management, counseling corporations in structuring insurance and risk transfer... | Read More
She focuses on strategic risk management, counseling corporations in structuring insurance and risk transfer portfolios, and insurance recovery for significant claims.
CloseSherilyn Pastor
Partner
McCarter & English
She is the Practice Leader of McCarter & English's Insurance Coverage Group and has secured hundreds of... | Read More
She is the Practice Leader of McCarter & English's Insurance Coverage Group and has secured hundreds of millions of dollars in insurance assets for a broad range of policyholder clients.
ClosePaul A. Dame
Associate
Wiley Rein
He represents insurers in coverage litigation under general liability, property and professional liability coverages in... | Read More
He represents insurers in coverage litigation under general liability, property and professional liability coverages in courts across the country.
CloseAccess Anytime, Anywhere
Strafford will process CLE credit for one person on each recording. All formats include program handouts.
CLE On-Demand Audio