About the Course
Introduction
This CLE course will discuss evolving law on stacking commercial business insurance policies, where it is permitted and where it is not, key insurance policy provisions, and insurance policy interpretation maxims typically in play in disputes between insurers and policyholders on stacking of policies.
Description
One of the most complex issues in insurance coverage disputes, particularly those involving long-tail claims such as asbestos bodily injury and environmental claims, is how to allocate liabilities among the many policy years often triggered by losses.
Allocation methodologies vary between pro rata vs. all sums jurisdictions. Issues relating to stacking offer additional complications. Stacking insurance policy limits across multiple policy periods leads to each policy responding to the claim up to the full limits of the policy. Not all jurisdictions allow stacking. An ancillary issue involves whether it is appropriate to stack self-insured retentions.
Listen as our authoritative panel of insurance coverage practitioners reviews the evolving law on stacking of commercial insurance policies, and jurisdictions that allow stacking and those that do not. The panel will also discuss specific policy provisions and insurance policy interpretation maxims typically implicated in disputes between insurers and policyholders on stacking of policies.
Presented By
Mr. Mason is a Goldberg Segalla LLP Partner where he dedicates his practice to first-party and third-party coverage, reinsurance, and defense issues, including products liability, environmental and toxic torts, professional liability for clients in construction, environmental and related industries, complex commercial litigation, and assistance to underwriters regarding policy drafting and strategy. Mr. Mason also serves as an expert witness. During the past three decades, Mr. Mason has been a thought leader in the insurance law community and is a frequent author, speaker, and podcaster concerning the most pressing issues in insurance and related fields.
Ms. Pastor is a strong advocate for corporate policyholders and a trial attorney. She has recovered billions of dollars in complex, high-value coverage matters around the country and abroad. Ms. Pastor was Practice Leader of McCarter’s Insurance Recovery Group for 20 years. She also is past President of the American College of Coverage Counsel and was Chair of the ABA’s Insurance Coverage Litigation Committee, its Trial Committee, and its Pre-trial and Discovery Committee. Ms. Pastor has litigated many of the industry’s most significant and high-stakes coverage disputes, achieving wins that not only resulted in substantial awards but also set precedent, leading to significant advances for corporate policyholder litigants.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, April 24, 2019
- schedule
1:00 PM E.T.
- Common losses in which stacking is implicated
- Types of policies that may be stacked
- Difference in court interpretations between pro rata vs. all sums jurisdictions
- Stacking of self-insured retentions
- Applicable policy provisions and contract construction principles
The panel will review these and other key issues:
- What are the common losses in which stacking is implicated and what kinds of policies may be stacked?
- What jurisdictions allow stacking of multiple years of coverage?
- How have courts in pro rata vs. all sums jurisdictions differed in their interpretations and applications of insurance policy stacking?
- What insurance policy provisions and construction principles are applicable in interpreting the permissibility of stacking?
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