Spread Too Thin? Multiple Claims & Insufficient Liability Policy Limits

Begins at Thu, Apr 14, 2022 12:00 PM
Ends at Thu, Apr 14, 2022 01:00 PM

This presentation will explore the various jurisdictional approaches to a common situation that can be a minefield for insurers: multiple claims to the same insurance funds, which are insufficient to cover all the claims. When an insurer is presented with this problem, understanding the law of the applicable jurisdiction is essential to resolving the competing claims in a way that best serves the interests of the insured and minimizes the risk of extracontractual exposure. This presentation will identify and analyze four general jurisdictional approaches to the “multiple claimants, insufficient limits” problem and explore nuances that exist even among states that fall within each of the four categories. The presenters will further address how these various approaches impact best practices for the handling of insurance claims to minimize the risk of exposure beyond the policy limits.

About the Speakers

Shawn Bingham is a Partner in Freeman Mathis & Gary, LLP’s Atlanta office. He is part of the Insurance Coverage and Commercial Litigation National Practice Sections.

Mr. Bingham regularly counsels insurance companies on complex coverage issues, prosecutes declaratory judgment actions on behalf of insurance companies, and defends insurance companies in bad faith actions filed by insureds. Mr. Bingham has handled coverage matters involving personal and commercial auto, trucking, first-party home and property, commercial general liability, professional liability, employment liability, business interruption, and cyber and privacy. Mr. Bingham also represents and counsels large companies in commercial disputes and catastrophic tort claims and has successfully tried many cases to verdict. In addition to Georgia, Mr. Bingham is licensed and has regularly practiced in South Carolina, and has also practiced pro hac vice in various other states.

Marc Shrake is a Partner at Freeman Mathis & Gary, LLP. Mr. Shrake is Co-Chair of the Firm's Insurance Coverage and Extra-Contractual Liability National Practice Section and also is Chair of the California Insurance Coverage Practice Team. Mr. Shrake has represented clients across the country in a variety of complex litigation including class claims and appeals for nearly thirty years.

Mr. Shrake's practice focuses on insurance coverage, extra-contractual liability, and reinsurance disputes and includes directors and officers claims, business torts, commercial litigation, internet commerce, intellectual property, and government/regulatory investigations.