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




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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