Allocation of Toxic Tort, Asbestos, Environmental, and Other Long-Tail Claims

June 23, 2016 2:05pm

Dennis Helewa
Vice President & Assistant Counsel, Claims
SCOR Reinsurance

Brett H. Ludwig
Partner
Foley & Lardner LLP

Justin F. Lavella
Partner
Blank Rome LLP

Jeffrey O. Davis
Partner
Quarles & Brady LLP

  • Latest on allocations where an insured is involved in ongoing litigation in multiple states such as toxic long tail torts
  • Analyzing asbestos claims and allocating them to insurance policies on behalf of policyholders, insurers, bankruptcy trusts, future claims representatives and financial institutions
  • In the context of asbestos, is each separate personal injury claim an occurrence or are all claims against the company an occurrence or all claims at one particular site the occurrence?; Products v. Premises (Non-Products)
  • Allocating among triggered policies and among parties or claims
  • Forecasting future asbestos related liability; asbestos bankruptcies involving an injunction protecting settling parties
  • Availability of insurance for environmental or asbestos claims after the mid-1980s: does unavailability collapses the allocation period, and if so, how to establish that insurance was or was not available
  • Whether an insured’s decision to continue producing a product for which it cannot obtain insurance should defeat the unavailability argument
  • Excess exposure in coverage actions brought in connection with pollution exposures
  • Jurisdictions that are dealing with workers compensation exclusivity issue for former employees who may now be able to sue in court and the insurance coverage issues that arise when the courts open up that issue for new claimants