In Arceneaux, et al. v. Amstar Corp, et al., 200 So.3d 277, 2015-0588 (La 9/7/16), 2016 WL 4699163. (La. 2016), the Louisiana Supreme Court allocated the costs of defending long-legacy disease claims between the insurer and insured based on a time-on-the-risk allocation model. Under existing Louisiana law, an insurers duty to indemnify was to be prorated among insurance carriers based upon a time-on-the-risk approach among the insurance carriers that were on the risk during periods of exposure to the injurious conditions. While the law in Louisiana was settled regarding time on the risk pro rata allocation applying to indemnification, there was no Louisiana precedent on whether the insurer's duty to defend could also be pro rated among the insurers and the insured during
No Comments
Leave a comment