Insurance Recovery for Long-Tail Bodily Injury and Property Damage Claims Under Multiple Policies

Navigating Allocation Among Policies, Exhaustion of Underlying Coverage, Triggers of Coverage, Number of Occurrences and More

*** This program has been cancelled ***

A live 90-minute CLE webinar with interactive Q&A


Thursday, February 2, 2017
1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 20, 2017


This CLE webinar will discuss long-tail property and bodily injury claims — such as asbestos bodily injury and environmental claims — that trigger coverage under many policies, sometimes spanning decades, due to long delays before the injury or damage became evident. The program will discuss the unique insurance coverage challenges presented in long-tail claims, including allocation among policies, exhaustion of underlying coverage, number of occurrences, whether there has been an occurrence and other insurance and non-cumulation clauses.

Description

The first issue in coverage for long tail claims is whether the policies have been implicated, or “triggered.” Most courts have adopted a trigger under which all policies in effect when injury or damage has occurred are triggered to provide coverage.

Once triggered policies are identified, the application of different allocation methods may lead to varying results for a policyholder. The application of “pro rata” allocation may require the policyholder to bear some of its own loss while “all sums” allocation permits the policyholder to choose any triggered policy to fully cover the entire loss.

Identifying the number of occurrences is another coverage issue for long-tail claims, particularly mass tort claims like asbestos, yet it is likely to be a central and determining factor in the amount of insurance proceeds available to the policyholder.

In environmental coverage cases, the main issue for trial often is an issue for expert testimony: whether there has been an “occurrence“ that implicates the policy. The issue under the policies is whether the damage was “neither expected nor intended from the standpoint of the insured,” although most courts focus on the “intent” issue.

Listen as our authoritative panel of insurance practitioners examines insurance coverage issues inherent in long-tail property and bodily injury claims that trigger coverage under multiple policies. The panel will address key issues presented in long-tail claims, including allocation among policies, exhaustion of underlying coverage, trigger of coverage, number of occurrences, and other insurance and non-cumulation clauses.

Outline

  1. Triggering coverage
  2. Allocation between policies
  3. Exhaustion of underlying coverage
  4. Occurrences: whether an event is an occurrence and number of occurrences
  5. Other insurance and non-cumulation clauses

Benefits

The panel will review these and other key issues:

  • How are triggers of coverage and allocation methods impacted by non-cumulation clauses?
  • What is the significance of non-cumulation clauses?
  • What tests are used to determine the number of occurrences?
  • What trigger rules have been applied in cases involving continuous loss?

Faculty

David L. Elkind, Partner
Lowenstein Sandler, Washington, D.C.

Mr. Elkind has successfully represented Fortune 500 corporations, numerous energy companies, and a host of other clients in a wide range of insurance coverage disputes for more than 28 years. In recent years, his practice has focused largely on insurance coverage claims for environmental liabilities and mass tort claims. He frequently lectures on coverage issues before various industry audiences and has been a visiting lecturer at Yale University Law School. He is the author of articles and book chapters on insurance topics ranging from how to obtain insurance coverage for environmental claims to trial strategies for insurance coverage actions. 

Marilyn B. Fagelson, Counsel
Murtha Cullina, New Haven, Conn.

Ms. Fagelson is Chair of the Firm’s Insurance Recovery Practice Group and works principally on complex commercial litigation, insurance coverage on behalf of policyholders, and appellate practice. She represents policyholders seeking coverage for claims involving a variety of subject areas including asbestos and environmental injuries, legal malpractice, sexual abuse, health care, property damage, products liability, automobile accidents, unfair trade practices and antitrust. She has secured coverage of defense and indemnity under many types of policies.

Marc A. Sanchez, Partner
Frantz Ward, Cleveland

Mr. Sanchez represents general contractors, specialty trades and subcontractors, including the arbitration, mediation and litigation of claims. He advises clients on claim management and avoidance, risk management and insurance, scheduling and safety issues as well as minority certification and compliance. He negotiates and drafts all types of construction contracts, perfects and enforces mechanics’ liens, prosecutes and defends defective workmanship claims and surety bond claims. He counsels clients on a wide variety of issues including delay and acceleration, defective workmanship, insurance coverage, competitive bidding disputes, surety bond claims, personal injury and wrongful death claims and termination claims.

Michael J. Frantz, Jr.
Frantz Ward, Cleveland

Mr. Frantz has an extensive understanding of the insurance and surety industries. He regularly assists his clients with insurance coverage disputes, preparing and responding to bond claims, and analyzing surety and indemnitor rights under General Indemnity Agreements. He also dedicates his practice to the construction industry and regularly assists his clients with preparing and reviewing contract documents, developing and implementing risk avoidance procedures, closing out projects, and managing project-related claims, such as breach of contract claims, delay and acceleration claims, differing site condition claims, and defective work/defective design claims.He maintains a multi-jurisdictional practice in Pennsylvania, Ohio and New Jersey.


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Insurance Law Advisory Board

John Broghammer

Partner

Greve Clifford Wengel & Paras

Tred Eyerly

Of Counsel

Damon Key Leong Kupchak Hastert

John D. Green

Partner

Farella Braun + Martel

Alan P. Jacobus

Proprietor

Law Offices of Alan Palmer Jacobus

William E. Kelley, Jr.

Atty

Drewry Simmons Vornehm

William O. Krekstein

Partner

Timoney Knox

Jay M. Levin

Counsel

Reed Smith

Peter J. Mintzer

Partner

Selman Breitman

Barry S. Neuman

Partner

Whiteford Taylor Preston

Andrew G. Wanger

Partner

Clyde & Co.

Britton D. Weimer

Partner

Jones Satre & Weimer

Sandra I. Weishart

Partner

Hinshaw & Culbertson

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