Allocation of Losses in Complex Insurance Coverage Claims offers comprehensive treatment of many of the issues driving contemporary insurance claims and coverage litigation, as well as reinsurance cessions and arbitrations.
Written by experienced practitioners, this authoritative work is cited by courts, used by counsel, and relied upon by insurance professionals. It provides easy-to-follow explanations, analysis of the relevant policy language and caselaw, and useful insights and references.
Included features and benefits:
- Updated 50-state compendia of allocation decisions and trigger-of-coverage decisions
- Analysis of the various allocation methodologies, allocation to the policyholder, impact of insurance unavailability, and developments with respect to the selective-tender rule
- Discussion of the impact of a policyholder's bankruptcy and an insurer’s insolvency
- Decisions on professional liability, directors and officers liability, and other claims-made policy issues
- Consideration of reallocation among insurers through “other insurance” clauses and contribution claims
- Discussion of coordination of coverage between claims-made and occurrence-based contracts
- Review of stub policy, policy extension, and multi-year policy issues
- Tracking of developments regarding number-of-occurrence decisions
- Examination of defense obligations, coverage for defense costs, and rights of reimbursement
- Allocation of verdicts between covered and non-covered claims/damages
- Consideration of legal audits, litigation management guidelines, and joint defense issues
- Evaluation of insurance settlement issues and settlement credits
- Coverage of a wide range of claim types, including general and professional liability, first-party property, environmental, asbestos, and construction defect
- Review of issues relating to policy limits, self-insured retentions, and exhaustion and impairment of coverage
- Examination of recent decisions affecting reinsurance allocations
- Assessment of construction defect losses, including assignment of risk in the construction contracts, insurance policies and coverage issues, and indemnity and subrogation
- Cybersecurity and privacy claims and silent and cyber-specific coverage
- Social inflation and ESG/sustainability and their impact on insurers and policyholders
- COVID-19 and pandemic coverage claims
- Representations and warranties insurance
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