Jody Stasney is speaking at the 2016 CLM Alliance Conference on a panel with three other industry professionals on December 1, 2016 In New York. Their presentation is titled "Breaking Up Is Hard to Do—Coverage Allocation in Settlements and Judgments." Below is an overview of the issues their presentation will address:
Lawsuits involving covered and uncovered claims or damages can result in settlements and judgments that fail to allocate between the two, creating issues concerning whether allocation is possible and which party bears the burden of proof on the allocation. Not surprisingly, jurisdictions have answered the question differently. The rationales for placing or shifting the burden on or to the policyholder or the insurance carrier vary, frequently turning on the control of the litigation. Inevitable problems include what evidence can be used to prove or disprove the coverage and the best procedural mechanism to address the allocation issue, intervention in the underlying lawsuit or pursuit of a declaratory judgment action.
This presentation will address, waiving and preserving the allocation issue, the effect of general and special verdicts, what the allocation evidence may look like, and how to resolve the allocation issue. Additionally, the presenters will offer practical advice that may help resolve or limit the allocation issue, such as, when to notify the insured, whether to recommend independent counsel, whether to request jury questions to resolve the allocation, or trying to reach an allocation agreement before verdict or settlement.
- Pete Duncan, FCCI Insurance Company
- John Graham, RSUI Group Inc
- Jo Allison (Jody) Stasney, Thompson, Coe, Cousins & Irons LLP.
- David Tartaglio, Musick Peeler
For more information on the CLM Alliance Conference, click here.