Allocating Liability Among Multiple Policies Triggered by Multi-Year Loss: Noncumulation and Prior Insurance Clauses

This CLE webinar will update insurance counsel on the latest developments in applying noncumulation provisions in CGL policies to deny coverage in long-tail claims. The panel will outline best practices for counsel to insureds or insurers to argue for maximizing coverage or minimizing liability.

One of the most complex issues in insurance coverage disputes involves long-tail claims such as asbestos bodily injury and environmental claims. These claims raise complex questions of how to allocate liabilities among numerous policy years triggered by such losses.

Insurers seek to minimize or eliminate the obligation to pay long-tail claims by arguing that the "prior insurance and noncumulation of liability clause" shifts responsibility for paying for losses that trigger multiple policy years to triggered policies issued before their policy year.

Policyholders argue that noncumulation clauses are ambiguous as a host of unresolved coverage questions arise in attempting to apply such terms to long-tail claims.

Listen as our authoritative panel of insurance practitioners guides you through an analysis of noncumulation clauses in CGL policies and the ways courts have interpreted these clauses.