• Allocation: Debunking the “Partial” Duty to Defend Myth

  • Jun 6 2024
  • Length: 15 mins
  • Podcast

Allocation: Debunking the “Partial” Duty to Defend Myth

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  • Summary

  • In this episode of "Don’t Take No for an Answer," Lynda A. Bennett and Alexander B. Corson explore the complex issue of "allocation" in the context of defense costs in insurance claims. They discuss what steps to take when insurers attempt to shift part of their coverage obligations onto policyholders in a reservation of rights (ROR) letter, the common law approach to allocation, and the implications of "allocation" provisions in policies. The conversation also addresses whether the allocation question changes when an insurer has a duty to reimburse versus a duty to defend.

    Speakers:

    Lynda A. Bennett, Partner and Chair, Insurance Recovery
    Alexander B. Corson, Associate, Insurance Recovery
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