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.
Sheri Pastor joins an authoritative panel of insurance practitioners that guide attendees through an analysis of noncumulation clauses in CGL policies and the ways courts have interpreted these clauses.