Allocation of settlements in multi-insurer coverage disputes
Article Abstract:
Claims against insurance companies who have not settled in multiple insurance company cases should be awarded according to the pro tanto method rather than the pro rata method. Pro tanto deducts settlements awarded from other insurance companies from the total amount due to plaintiff to calculate final settlement. Pro rata calculates the insurance company's individual liability, but may result in the plaintiff receiving more or less than the court awarded. Pro tanto is also more efficient than pro rata.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1998
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The maze of mega-coverage litigation
Article Abstract:
Mass tort and environmental cleanup cases have as their corollaries mass insurance coverage litigation which is extremely complex and enduring. Insurance coverage issues are being determined on a case-by-case basis. Legal doctrine and management will eventually mature and provide the predictability which will reduce litigation and increase settlements. Environmental pollution and disease latency will ensure that coverage issues will continue.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1997
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Formed by thalidomide: mass torts as a false cure for toxic exposure
Article Abstract:
Thalidomide litigation was the first and determinant mass tort litigation in the US. Its procedural and substantive precedents have unfavorably tainted future mass tort solutions and created inflated views of the efficacy of the US liability and drug regulation systems. Mass tort litigation has never provided justice in mass injury cases and should be replaced by comprehensive and rational systems of regulation and insurance.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1997
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- Abstracts: Noncompetition agreements in bankruptcy: covenants (maybe) not to compete. Why it pays to file for bankruptcy: a critical look at the incentives under U.S. personal bankruptcy law and a proposal for change
- Abstracts: ADR: the Siemens experience. Saving time and money in cross-border commercial disputes
- Abstracts: Rethinking personal jurisdiction and choice of law in multistate mass torts. Innovation in the interstices of the final judgment rule: a demurrer to Professor Burbank