Perspective
Oct. 25, 2012
Equitable principles guide court in self-insured retention case
If an insurer decides to decline a claim yet stay involved to monitor proceedings, the burden of proving an absence of coverage may be shifted to that carrier in subsequent contribution actions. By David McMahon of Barger & Wolen LLP
There continues to be discussion in applicable case law concerning the obligation of an insured to satisfy a self-insured retention (SIR) under a liability insurance policy. The cases tend to arise in fact patterns concerning the insolvency of the insured, the allocation of indemnity payments over successive policy periods and in cases dealing with equitable contribution between a settling insurer and a nonparticipating coinsurer.
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