Stacking Commercial Insurance Coverage: Insurer and Policyholder Perspectives

Allocating Liability Among Multiple Policies Given Varied Court Interpretations

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, February 4, 2015

Recorded event now available

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Program Materials

This CLE webinar will discuss evolving law on stacking commercial business insurance policies, where it is permitted and where it is not, key insurance policy provisions, and insurance policy interpretation maxims typically in play in disputes between insurers and policyholders regarding stacking of policies. 

Description

One of the most complex issues in insurance coverage disputes, particularly those that involve long-tail claims such as asbestos bodily injury and environmental claims, is how liabilities are allocated among numerous policy years triggered by such losses.

Stacking insurance policy limits across multiple policy periods results in each policy responding to the claim up to the full limits of the policy. Not all jurisdictions allow stacking and analysis varies between pro rata vs. all sums jurisdictions. An ancillary issue involves whether it is appropriate to stack self-insured retentions.

Listen as our authoritative panel of insurance coverage practitioners reviews the evolving law regarding stacking of commercial insurance policies, and jurisdictions that allow stacking and those that do not. The panel will also discuss specific policy provisions and insurance policy interpretation maxims typically implicated in disputes between insurers and policyholders regarding stacking of policies.

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Outline

  1. Common losses in which stacking is implicated
  2. Types of policies that may be stacked
  3. Difference in court interpretations between pro rata vs. all sums jurisdictions
  4. Stacking of self-insured retentions
  5. Applicable policy provisions and contract construction principles

Benefits

The panel will review these and other key issues:

  • What are the common losses in which stacking is implicated and what kinds of policies may be stacked?
  • What jurisdictions allow stacking of multiple years of coverage?
  • How have courts in pro rata vs. all sums jurisdictions differed in their interpretations and applications of insurance policy stacking?
  • What insurance policy provisions and construction principles are applicable in interpreting the permissibility of stacking?

Faculty

Lon A. Berk
Lon A. Berk

Partner
Hunton & Williams

Mr. Berk assists clients to resolve insurance disputes relating to mass torts, catastrophic events and cyber security...  |  Read More

Lawrence D. (Larry) Mason
Lawrence D. (Larry) Mason

Senior Shareholder
Segal McCambridge Singer & Mahoney

Mr. Mason's trial and appellate practice is focused on assisting businesses in achieving successful, cost-effective...  |  Read More

Sherilyn Pastor
Sherilyn Pastor

Partner
McCarter & English

Ms. Pastor is the Practice Leader of the firm’s Insurance Coverage Group. She has secured hundreds of millions of...  |  Read More

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