Caught in the Long Tail: Single-Year, Multi-Year, and Multi-Policy Insurance Disputes

Learn about issues that can arise for insureds and insurers when insurance policies of various durations are called upon to answer for claims and when multiple insurance policies may also apply.

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• Allocation of Latent Injury and Damage Claims State Law Survey
  Examine the method used across the 50 states and the District of Columbia for allocating damages for latent bodily injury and property damage claims, sometimes called long-tail or continuous injury or damage claims.

• Trigger of Coverage for Laten Injury and Damage Claims State Law Survey
  Do a deep dive into the 50 states’ and District of Columbia’s laws on trigger of coverage for latent injury and damage claims under a commercial general liability policy, referring to the event or events that, under the terms of the insurance policy, determine whether an insurer must respond to a claim in a given set of circumstances.

• Occurrence or Claims-Made Policies
  Analyze the attributes of occurrence and claims-made insurance policies, which refer to the two basic types of triggering events found in liability policies.

• Umbrella and Excess Insurance Coverage
  Examine the fundamentals of umbrella and excess insurance coverage, including key similarities and differences and the complex insurance issues that the interplay of these insurance types can create, including determining which insurer occupies which status in the hierarchy of policies maintained by an insured. In turn, that status, in part. dictates the obligations of the respective insurers to the insured and one another.

• Insurance for Product Manufacturers: Maximizing Coverage
  Review how product manufacturers can maximize their insurance coverage when faced with consumer and product liability claims, including the importance of past and current insurance policies, the distinction between occurrence and claims-based policies, exclusions, endorsements, deductibles, self-insured retentions, pro-rata allocation, all sums allocation, the duty to notify, and the duty to cooperate. The practice note also identifies potential conflicts of interest between a manufacturer and its insurer and discusses reservations of rights letters and bad faith claims.

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