Insurance Law

Recent Posts

Ten Most Significant Insurance Coverage Decisions Of 2014 – How To Achieve “Additional Insured” Cost Sharing For Construction Defects
Posted on 15 Dec 2014 by Randy J. Maniloff

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... Read More

Duane Morris: Recent Developments in New York's Taxation of Unauthorized Life Insurers
Posted on 18 Jun 2013 by Duane Morris LLP

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... Read More

Appeals Court Provides Detailed Discussion Of Allocation Between Covered And Uncovered Claims
Posted on 13 Feb 2014 by Randy J. Maniloff

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... Read More

Only Partially Covered: What You Really Want to Know About Allocation Under Management Liability Policies--But Are Afraid to Ask
Posted on 2 Jun 2014 by Carrie E. Cope

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... Read More

Policyholders Should Resist Insurer Demands to Allocate Settlements
Posted on 2 Jul 2015 by Dennis Cusack

By Dennis Cusack Policyholders seeking insurance funds to settle a case often face an insurer’s demand that some amount should be allocated to uncovered claims or parties. The issue arises often under directors and officers liability (D&O... Read More

Discovery In Reinsurance Allocation Disputes After USF&G v. American Re
Posted on 6 Nov 2013 by Mealeys

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... Read More

Amounts Incurred in Lawsuit Involving Multiple Claims Must Be Allocated Equally as Between Multiple Retentions absent Evidence Supporting an Alternative Allocation
Posted on 30 Nov 2015 by Troutman Sanders

In Evanston Ins. Co. v. N. Am. Capacity Ins. Co. , the Eastern District of California, which previously held that each home involved in four underlying construction defect actions constituted a separate claim, held that amounts incurred in those actions... Read More

The “A-C-Ps” of Liability Insurance: Allocation, Contribution, and Proration in the Restatement of the Law of Liability Insurance
Posted on 9 Apr 2015 by Perkins Coie

By Lorelie S. Masters The American Law Institute (“ALI”) is engaged in producing the Restatement of the Law of Liability Insurance , a work that will be of utmost importance to the insurance industry, to policyholders and consumers, and... Read More

Webinar: ABA Forum Committee on Entertainment and Sports Industries – Insurance and Risk Allocation
Posted on 9 Sep 2012 by Pasich, Franklin, Thayer, Crosner, Holt

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... Read More

Examining Insurer Demands to Allocate Settlements
Posted on 4 Nov 2015 by Dennis Cusack

Policyholders seeking insurance funds to settle a case often face an insurer’s demand that some amount should be allocated to uncovered claims or parties. The issue arises often under directors and officers liability (D&O) policies, when settlements... Read More

In A New York State Of Bind: Achieving Allocation Between Covered And Uncovered Claims [A First For New York?]
Posted on 7 Apr 2015 by Randy J. Maniloff

I have said this so, 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... Read More

Perkins Coie On All-Sums-With-Stacking Allocation Boosts Insurance Recovery Under “One Giant ‘Uber Policy’”
Posted on 2 Sep 2012 by Perkins Coie

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... Read More

Perkins Coie On All-Sums-With-Stacking Allocation Boosts Insurance Recovery Under “One Giant ‘Uber Policy’”
Posted on 2 Sep 2012 by Perkins Coie

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... Read More

Lorelie S. Masters and Jerold Oshinsky on “Is ‘Fair’ Fair?: ‘All Sums’ and the Allocation of Deductibles”
Posted on 22 Apr 2010 by Lorelie S. Masters and Jerold Oshinsky

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... Read More

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
Posted on 9 Jan 2009 by Scott Godes

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... Read More

Tags: Allocation