Noncumulation and Prior Insurance Clauses: Allocating Liability Among Multiple Policies

Application of Noncumulation Clauses in Pro Rata vs. All Sums Jurisdictions

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


Friday, March 16, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will update insurance counsel on the latest developments in the application of noncumulation 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.

Description

One of the most complex issues in insurance coverage disputes involves long-tail claims—such as asbestos bodily injury and environmental claims. Such claims raise complex questions of how liabilities should be allocated among numerous policy years triggered by such losses.

Insurers seek to minimize or eliminate the obligation to pay long-tail claims by arguing that the “Prior Insurance and Noncumulation of Liability Clause” shifts responsibility for paying for losses that trigger multiple policy years to triggered policies issued prior to their own policy year.

Policyholders argue that noncumulation clauses are ambiguous as there are a host of unresolved coverage questions that arise in the context of attempting to apply such clauses to long-tail claims.

Listen as our authoritative panel of insurance practitioners guides you through an analysis of noncumulation clauses in CGL policies and the various ways courts have interpreted these clauses.

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Outline

  1. Background in which noncumulation clauses are interpreted and applied
    1. Typical policy language
    2. London version of clause
    3. Triggers of coverage
    4. Allocation
  2. Court interpretations and applications of noncumulation clauses
    1. Pro rata jurisdictions
    2. All sums jurisdictions
    3. Reduction, but not elimination of insurer’s payment obligation
  3. Applicable insurance policy interpretation principles
    1. Contra proferentem
    2. Reasonable expectations doctrine
    3. Construction of policy as a whole

Benefits

The panel will review these and other key issues:

  • How are triggers of coverage and allocation methods impacted by noncumulation clauses?
  • How have courts in pro rata vs. all sums jurisdictions differed in their interpretations and applications of noncumulation clauses?
  • What insurance policy construction principles are applicable in interpreting noncumulation clauses?

Faculty

Borja, Mary
Mary E. Borja

Partner
Wiley Rein

Ms. Borja represents insurers in complex litigation and arbitration involving professional liability, general...  |  Read More

French, Christopher
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

Pastor, Sherilyn
Sherilyn Pastor

Partner
McCarter & English

Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial...  |  Read More

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