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STACKING COMMERCIAL BUSINESS INSURANCE COVERAGE POLICIES: INSURER AND POLICYHOLDER PERSPECTIVES

April 24, 2019 | (1:00pm-2:30pm)
USA (United States of America)
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.