Joseph Thacker and Richard Walinski recently published an article in Coverage, a legal periodical published by the American Bar Association's Section on Litigation.  The article discusses an issue of current importance in the law of commercial insurance.

The law in some states provides that when several policies provide coverage for the same liability, the insurers' obligations are joint and several.  Each insurer is obliged to pay "all sums" for which the insured becomes legally obligated to pay, and the insured may select which insurer will perform the common obligation. Courts have held, without satisfactory explanation, that when the selected insurer seeks contribution from the other jointly liable insurers, the insured may not be required to disgorge any amounts paid by the selected insurer.  Mr. Thacker and Mr. Walinski offers a rationale that provides an analytical support for those holdings.

To read this article please click on the link below:

Allocations In All Sums Jurisdictions Can Insurers Collect From Policyholders

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