Law360, New York (March 29, 2017, 5:00 PM EDT) -- The issue of allocation in long-tail claims has vexed courts for about as long as insurance coverage has been sought for such claims. The fundamental debate is this: when a policyholder under a standard commercial general liability policy is sued on a claim based on "continuous" injury, that is, an ongoing injury that occurs both within and outside the time period in which the policy was in effect, should the policyholder be fully defended and indemnified by the insurer or does the insurer owe only a "pro rated" portion of defense and indemnity costs. And, if it is the latter, should the rule be different if it can be shown that insurance for the type of claim at issue was not "available" for the uninsured period that would otherwise be allocated to the policyholder....