Who's Coverage Is It Anyway?

Tracy Alan Saxe, Esq., President, Saxe Doernberger & Vita, P.C.
Kristen Drake, Managing Director, PolicyFind
Elizabeth Hanke, Senior Managing Director, KCIC
Dan M. Schiavetta, Jr., Esq., Russo & Gould LLP

• Identification of entities and appliable coverage
• Who is an insured under the policy? Definition of insured, additional insured and jointly administered or “contract” programs
• Who’s most liable between the insureds? Valuation of claims and liability share for each named insured
• What if one defendant found insurance and one did not? Joint and several liabilities; of the underlying claim between defendants and of the insurance claim between policyholders and carriers.
• Direct action states; when can a survivor go directly after insurance?
• Allocation of claims between years and coverage; cost-sharing agreements between insureds and insurers?
• What if one insured is in bankruptcy and the other is not?
• Proving policy evidence and terms; how insurance archeology can provide a funding mechanism in latent sexual abuse injury matters