Door Closing On 'Unavailability' Insurance Exception: Part 1

By Scott Seaman, Hinshaw & Culbertson LLP ( January 9, 2017, 6:01 PM EST) -- Although several states employ an "all sums" allocation, the trend of decisions and the distinct majority rule is that long tail losses are allocated on a pro rata basis. There are a variety of ways in which losses may be prorated, but the time-on-the-risk and time-and-limits methodologies are the most commonly followed at least where an allocation cannot be made based upon evidence showing the amount of injury or damage taking place during the respective time periods. As we pointed out in our prior expert analysis, a pro rata allocation offers several advantages over the "all sums" fiction. See "Why Pro Rata Allocation Is The Majority Rule." Law360 (October 16, 2014)....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!