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Insurance

Aug. 20, 1999

Tilting the Balance

Tilting the Balance Policies That Attempt to Shift the Allocation Burden By Grace A. Carter and Eve M. Coddon Recently, a number of courts have struggled with the issue of how defense costs should be allocated between covered and noncovered claims under various types of liability-insurance policies. These thorny issues have led courts to formulate a number of different tests for allocation and have caused some insurers to draft policies that attempt to shift the allocation burdens or

        By Grace A. Carter and Eve M. Coddon
        
        Recently, a number of courts have struggled with the issue of how defense costs should be allocated between covered and noncovered claims under various types of liability-insurance policies. These thorny issues have led courts to formulate a number of different tests for allocation and...

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