Allocation question certified to Supreme Judicial Court

The United States Court of Appeals for the First Circuit has put hope into the hearts of those of us who deal frequently with questions of allocation of loss. In Boston Gas Co. v. Century Indem. Co ., 529 F.3d 8 (1st Cir. 2008), the court certified questions to the Supreme Judicial Court of Massachusetts...

Delaware Court Refuses to Apply Pro Rata Allocation to Directors and Officers Insurance Policy and Rejects Excess Insurers’ Attempts to Deny Coverage Because There Were Settlements of Lower Layers of Coverage

In HLTH Corp. v. Agricultural Excess & Surplus Insurance Co., No. 07C-09-102-RRC, 2008 Del. Super. LEXIS 280 (Del. Super. Ct. July 31, 2008), the insurance companies that sold HTLH Corp. multiple directors and officers insurance policies tried to limit their obligation to pay defense costs by asking...

Understanding Multiple Insurer Situations

Alan S. Rutkin, Robert Tugander and John W. Egan of Rivkin Radler LLP are the authors of Chapter 39, “Understanding Multiple Insurer Situations,” in the New Appleman Insurance Law Practice Guide . The chapter provides guidance in handling the complex situations that arise when two or more...

Understanding How Courts Allocate Liability among Consecutive Insurers

Alan S. Rutkin, Robert Tugander and John W. Egan of Rivkin Radler LLP are the authors of Chapter 39, “Understanding Multiple Insurer Situations,” in the New Appleman Insurance Law Practice Guide . The chapter provides guidance in handling the complex situations that arise when two or more...

Lorelie S. Masters and Jerold Oshinsky on “Is ‘Fair’ Fair?: ‘All Sums’ and the Allocation of Deductibles”

Much has been written on the issue of allocating an insured's liability across policy limits under general liability insurance policies. The article "Is 'Fair' Fair?: 'All Sums' and the Allocation of Deductibles," by Lorelie S. Masters and Jerold Oshinsky, appearing in the...

Perkins Coie On All-Sums-With-Stacking Allocation Boosts Insurance Recovery Under “One Giant ‘Uber Policy’”

By Lara D. Cassidy, Koorosh Talieh, and Thomas McMahon, Attorneys, Perkins Coie The California Supreme Court's recent "all-sums-with-stacking" allocation ruling in California v. Continental Insurance Co., No. S170560, 2012 Cal. LEXIS 7324 (Cal. Aug. 9, 2012) (" California "...

Webinar: ABA Forum Committee on Entertainment and Sports Industries – Insurance and Risk Allocation

On October 30, the ABA Forum Committee on Entertainment and Sports Industries will present an informative webinar on Insurance and Risk Allocation in the Entertainment and Sports Industries: Hot Topics and Overlooked Issues . From film and television production to live sporting events and theatrical...

Duane Morris: Recent Developments in New York's Taxation of Unauthorized Life Insurers

Prior to 2012, New York afforded surprisingly favorable tax treatment to life insurance companies that are not licensed to conduct business in New York ("unauthorized life insurers"), but that owned real estate investments in New York. The New York State Department of Taxation and Finance ...

Discovery In Reinsurance Allocation Disputes After USF&G v. American Re

By Robert M. Hall I. Introduction Reinsurance allocation disputes arose out of mass torts that extend over multiple years and impact on many individuals or properties i.e. pollution and asbestos-related losses. When a cedent settles such losses, allocation to reinsurers can become complicated given...

Appeals Court Provides Detailed Discussion Of Allocation Between Covered And Uncovered Claims

I have said this so many times. But given the huge importance of the issue, it is restated here. If you’ve read this before please forgive me. You have just written the greatest reservation of rights letter ever. If Felix Unger handled claims, this is what his letter would look like. If there were...

Only Partially Covered: What You Really Want to Know About Allocation Under Management Liability Policies--But Are Afraid to Ask

By Carrie C. Cope, David Curkovic and Virginia Morris-Ardin This commentary examines allocation issues across the nation in the context of "management liability policies." Such policies are often sold in "packages" combining multiple coverage parts, each of which address a specific...

Ten Most Significant Insurance Coverage Decisions Of 2014 – How To Achieve “Additional Insured” Cost Sharing For Construction Defects

Anyone reading this knows that construction defect claims often involve a lot of parties. I was once involved in a California CD case, with so many parties, that when it came time for a mediation in Los Angeles it was necessary to rent the Kodak Theatre to accommodate all of the defense lawyers, coverage...