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The Door Appears to Be Closing on the 'Unavailability' Insurance Exception

January 10, 2017

In a two part Law360 article, Hinshaw partner Scott M. Seaman, a Chicago-based partner and co-chair of the national Insurance & Reinsurance Services group, explores the "Unavailability of Insurance" exception to the majority rule of a pro rata allocation of long tail losses.

In Part I, Seaman discusses the general rule in pro rata jurisdictions that the unavailability of insurance coverage in the market does not absolve policyholders of responsibility for self-insuring and explore the genesis of the limited “unavailability of insurance” exception. In Part II, he addresses the limited nature of the “unavailability of insurance” exception and considers the prospect of the exception being even further limited.

Read Door Closing On 'Unavailability' Insurance Exception: Part 1 (PDF, republished with permission)

Read Door Closing On 'Unavailability' Insurance Exception: Part 2 (PDF, republished with permission)

Hinshaw & Culbertson LLP is a U.S. based law firm with offices in 11 states and London. The firm's national reputation spans the insurance industry, the professional services sector—including representation of law firms and lawyers—and other highly regulated industries, such as banking and finance and the debt collection sector. Hinshaw also provides a series of closely coordinated litigation, business advisory and transactional services to clients of all sizes as well as governmental and public sector entities.

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