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Recent Trends and Developments in Allocation Issues — Which Policies Apply and in What Order?
Thursday, May 30, 2019, 8:30am
Aisling Jumper, York | David Cox, Esq., Morgan, Lewis & Bockius LLP | John T. Harding, Esq., Lewis Brisbois Bisgaard & Smith LLP | Gary S. Kull, Esq., Kennedys CMK | William T. Mandia, Esq., Stradley Ronon Stevens & Young, LLP | Janine Panchok-Berry, Esq., O’Melveny & Myers LLP
Claims that involve environmental or toxic tort lawsuits often trigger commercial general liability (CGL) policies that don’t clearly address cost allocation. Conflict occurs when the carrier and the insured dispute over what type of exhaustion, vertical or horizontal, should be applied to the claim. In this panel, York’s vice president of professional liability, Aisling Jumper, joins a discussion on the recent developments in insurance case law. You’ll hear about ways the appellate court decisions of Montrose and Vanderbilt should be applied to claims on a practical basis and explore other recent case law developments. Panelists will also discuss indemnity and defense costs, addressing how they should be allocated among multiple-occurrence-based policies over multiple policy periods.