Scott Seaman Provides Analysis on Insurance Contract Exhaustion in Law360
Scott M. Seaman, Chicago partner of Hinshaw & Culbertson LLP, provided knowledge and insight in the article, "The Tiring Terrain of Insurance Contract Exhaustion," published on Law360 on June 12, 2015.
Scott points out that "examination of proper exhaustion may involve multiple considerations depending upon the facts of the claim," the "threshold exhaustion issue" is whether the exhaustion is vertical or horizontal under the controlling law. Other common issues Scott examines are the understanding and application of the various limits of liability, proper cost characterization, and whether or not functional exhaustion is permitted. Scott notes, that "though court intervention is sometimes required, in most instances, insurers and policyholders are able to work through issues of exhaustion."