LexisNexis® Legal Newsroom
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...

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...

In A New York State Of Bind: Achieving Allocation Between Covered And Uncovered Claims [A First For New York?]

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, this is what his letter would look like. If there...

The “A-C-Ps” of Liability Insurance: Allocation, Contribution, and Proration in the Restatement of the Law of Liability Insurance

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 to insurance coverage practitioners representing...

Policyholders Should Resist Insurer Demands to Allocate Settlements

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 resolve the liability...

Examining Insurer Demands to Allocate Settlements

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 resolve the liability of covered directors...

Amounts Incurred in Lawsuit Involving Multiple Claims Must Be Allocated Equally as Between Multiple Retentions absent Evidence Supporting an Alternative Allocation

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 must be allocated evenly as between the multiple...