Splitting Up the Pie: The Ongoing Controversy over Allocating Insurance Claims

It is surely no overstatement to declare that allocation disputes have pervaded insurance coverage litigation since the 1990s. Although much of the focus of the allocation debate has been on interpolicy disputes arising out of environmental, toxic tort, and other “long-tail” claims, intrapolicy allocation issues involving “mixed” cases have also emerged as a potent source of controversy. These include: