Non-Cumulation and Prior Insurance Clauses: Allocating Liability Among Multiple Policies Triggered by Multi-Year Loss
Application of Non-Cumulation Clauses in Pro Rata vs. All Sums Jurisdictions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will update insurance counsel on the latest developments in the application of non-cumulation provisions in CGL policies to deny coverage in long-tail claims. The panel will outline best practices for counsel to insureds or insurers to argue for maximizing coverage or minimizing liability.
- Background in which non-cumulation clauses are interpreted and applied
- Typical policy language
- London version of clause
- Triggers of coverage
- Court interpretations and applications of non-cumulation clauses
- Pro rata jurisdictions
- All sums jurisdictions
- Reduction, but not elimination of insurer’s payment obligation
- Applicable insurance policy interpretation principles
- Contra proferentem
- Reasonable expectations doctrine
- Construction of policy as a whole
The panel will review these and other key issues:
- How are triggers of coverage and allocation methods impacted by non-cumulation clauses?
- How have courts in pro rata versus all sums jurisdictions differed in their interpretations and applications of non-cumulation clauses?
- What insurance policy construction principles are applicable in interpreting non-cumulation clauses?
Mary E. Borja
Ms. Borja represents insurers in complex litigation and arbitration involving professional liability, general... | Read More
Ms. Borja represents insurers in complex litigation and arbitration involving professional liability, general liability, crime, and property insurance coverage. She provides advice and counsel on a wide range of insurance issues, including legal malpractice and other errors and omissions claims, director and officer liability, bankruptcy, crime, construction defect, environmental liability, technology, emerging issues, and bad faith.Close
McCarter & English
Ms. Pastor is the Practice Leader of the firm’s Insurance Coverage Group. She has secured hundreds of millions of... | Read More
Ms. Pastor is the Practice Leader of the firm’s Insurance Coverage Group. She has secured hundreds of millions of dollars in insurance assets for a broad range of policyholder clients. She also provides advice to clients assessing their potential risks, analyzing new insurance products and considering the adequacy of their existing insurance programs.Close
Christopher C. French
Visiting Assistant Professor of Law
Penn State Law School
Professor French teaches contracts, torts, civil procedure and insurance law. He has written and published extensively... | Read More
Professor French teaches contracts, torts, civil procedure and insurance law. He has written and published extensively in the area of insurance law. He is a former Partner with K&L Gates LLP, where he practiced in the area of commercial litigation, with a focus on insurance coverage disputes.Close