July 08, 2020 Feature

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

By Michael F. Aylward
Say-Cheese/iStock/Getty Images Plus

Say-Cheese/iStock/Getty Images Plus

Allocation issues remain a major source of controversy whether involving covered or noncovered damages, insureds, or 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:

Premium Content For:
  • Tort Trial and Insurance Practice Section
Join - Now