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- Title
Allocating Responsibility for Mass Tort Bodily Injury among Implicated Insurance Policies.
- Authors
Hyde, Kate; Pierson, Tyler; DeBonte, Alexandra
- Abstract
This article explores the complex issue of allocating responsibility for bodily injury claims in mass tort cases among insurance policies. It emphasizes the need to consider various factors such as policy terms, trigger theories, lost policies, successor liability, and allocation methods when evaluating these claims. The article provides examples of long-tail mass torts, including asbestos, talc, opioids, and other products. It concludes by discussing the importance of identifying the relevant policies and properly allocating the risk among them. The article also discusses different methods of allocating liability and costs in insurance coverage disputes related to mass torts, including trigger theories and allocation methodologies. It highlights the trend in the law towards finding equitable solutions that involve the participation of insurers and insureds in resolving mass tort litigations. It emphasizes the importance for practitioners to stay updated on these coverage issues.
- Subjects
APPLICABLE laws; INSURANCE policies; TORTS; LEGAL reasoning; GOVERNMENT policy; INSURANCE; STATE laws
- Publication
Brief, 2023, Vol 53, Issue 1, p26
- ISSN
0273-0995
- Publication type
Article