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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.

Methods, Compromise and settlement, Settlements (Law), Valuation, Insurance claims adjustment, Damages, Damages (Law), Claims adjustment (Insurance)

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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.

Analysis, Pollution liability insurance, Toxic torts

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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.

Thalidomide

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