Insurers Need To Seek Allocation Between Covered And Uncovered Claims (Or Pay A Price) - New Coverage Trend
Insurers issue reservation of rights letters that spell out certain claims that may not be covered. But jury verdicts often do not provide the information needed for the insurer to determine which claims are covered and which are not. Some courts have concluded that insurers that did not take steps to achieve a jury verdict, that is allocated between covered and uncovered claims, are responsible for the entirety of a “general verdict.” This year alone, at least three courts have addressed this issue and they demonstrate the potentially harsh consequences for insurers that do not attempt to achieve an allocation. Clearly, this issue is becoming more common.
Hear from White and Williams coverage lawyers, Anthony Miscioscia, Randy Maniloff and Margo Meta -- who have experience in seeking allocation -- on this trend and learn what insurers can do to achieve an allocation between covered and uncovered claims and avoid the harsh consequences of a “general verdict.”
This free webinar will address:
- the fundamentals of the allocation issue;
- the case law trend that is emerging on allocation;
- lessons from the allocation case law;
- what insurers can do to achieve an allocation between covered and uncovered claims;
- dealing with refusal of allocation in the underlying lawsuit; and
- the challenges for defense counsel when an insurer pursues allocation.