Only Partially Covered: What You Really Want to Know About Allocation Under Management Liability Policies--But Are Afraid to Ask (PDF)
This commentary examines allocation issues across the nation in the context of "management liability policies." Such policies are often sold in "packages" combining multiple coverage parts, each of which address a specific risk (e.g., employment liability, fiduciary liability, directors and officers liability). Allocation in this context involves apportioning loss between covered and uncovered parties and covered and uncovered matters.
Carrie E. Cope is a shareholder of Schuyler Roche & Crisham, PC. She specializes in insurance coverage, claims and regulatory law. She and her team provide claim monitoring, litigation, regulatory and coverage consulting services to the insurance industry with an emphasis in addressing management liability insurance issues (including directors' and officers' liability, employment practices liability, professional liability and fiduciary liability) and cyber liability.
David Curkovic is an associate at Schuyler, Roche & Crisham, P.C. in Chicago, Illinois. Mr. Curkovic practices in the area of insurance coverage litigation and specializes in management liability insurance. He has litigated coverage issues for insurers in state and federal courts nationwide.
Ginny Morris-Ardin is a Senior Claims Professional Liability Specialist for the Indemnity Insurance Company. She has worked for commercial carriers on intellectual property, coverage, and complex litigation issues. She is a graduate of the New England School of Law.
The views expressed in this article are those of the authors only, are intended to be general in nature, and are not attributable to Schuyler, Roche & Crisham, P.C. or Philadelphia Indemnity Insurance Company. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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