Noncumulation and Prior Insurance Clauses: Allocating Liability Among Multiple Policies Triggered by Multi-Year Loss
Application of Noncumulation Clauses in Pro Rata vs. All Sums Jurisdictions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will update insurance counsel on the latest developments in applying 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.
Outline
- Background: Interpretation and application of noncumulation clauses
- Typical policy language
- London version of clause
- Triggers of coverage
- Allocation
- Court interpretations and applications of noncumulation clauses
- Pro-rata jurisdictions
- All-sums jurisdictions
- Reduction, but not the elimination of insurer's payment obligation
- Applicable insurance policy interpretation principles
- Contra proferentem
- Reasonable expectations doctrine
- 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
Mary E. Borja
Partner
Wiley Rein
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.
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Christopher C. French
Professor of Practice
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.
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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
Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial attorney, who has secured hundreds of millions of dollars in insurance for corporate policyholders. She litigates complex coverage matters throughout the country and abroad, and provides insurance coverage advice to clients assessing their potential risks, analyzing new insurance products, and considering the adequacy of their programs. She publishes and lectures frequently on insurance, trial skills and ethics matters.
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