Insurance Allocation Methods and the Unavailability Exception: Liability for Long-Tail Claims and Gaps in Coverage
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide insurance counsel with the latest developments in liability allocation for claims involving multi-year losses under occurrence-based policies, how allocation is impacted by gaps in coverage, whether the reason for coverage affects allocation, the impact of policy wording on allocation, and what arguments should be made by those seeking to maximize coverage.
Outline
- Contract language bearing on allocation issues
- Allocation methods
- The "unavailability" exception
- Dealing with deductibles and punitive damage claims
- Policyholder perspective
- Insurer perspective
Benefits
The panel will review these and other key issues:
- What does it mean for coverage to be unavailable?
- Who has the burden of proving unavailability decades after the fact?
- Does a policy's inclusion or incorporation of noncumulation language mandate all sums allocation of defense costs?
- Are losses prorated by time, policy limits, maximum loss, or some other method?
Faculty
Michael F. Aylward
Partner
Morrison Mahoney
Mr. Aylward chairs the firm's complex insurance claims resolution group. For the past four decades, he has... | Read More
Mr. Aylward chairs the firm's complex insurance claims resolution group. For the past four decades, he has represented insurers and reinsurers in disputes around the country concerning the application of liability insurance policies to commercial claims involving intellectual property disputes, environmental and mass tort claims and construction defect litigation as well as bad faith claims arising out of such disputes. Mr. Aylward has also served as an AAA-certified arbitrator in numerous insurance coverage matters and has testified as an expert in matters involving coverage and reinsurance issues arising out of such claims. He has taken a leading role in the major defense bar associations, including DRI, FDCC and IADC and is a founding member and Immediate Past-President of the American College of Coverage Counsel, a peer-reviewed group of the pre-eminent insurance lawyers in the United States and Canada.
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Lorelie S. Masters
Partner
Hunton Andrews Kurth
Ms. Masters handles all aspects of complex, commercial litigation and arbitration. She has advised clients on a wide... | Read More
Ms. Masters handles all aspects of complex, commercial litigation and arbitration. She has advised clients on a wide range of liability coverages, including insurance for environmental, employment, directors and officers, fiduciary, property damage, cyber, and other liabilities. Ms. Masters also handles various types of first-party property insurance claims, including claims under boiler and machinery, business-interruption, contingent business-interruption, extra expense, disability and other related coverages.
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