Allocation of Latent Injury and Damage Claims State Law Survey


Summary

This survey examines the method of allocating damages for latent bodily injury and property damage claims, sometimes called long-tail or continuous injury or damage claims. The survey covers all 50 U.S. states and the District of Columbia. This critical and determinative question of law may substantially impact the amount of an insurance company's liability under a commercial general liability (CGL) policy. The two most common types of claims presenting this allocation question are asbestos bodily injury and environmental property damage.