Allocation may be determined by agreement, by the court, or by statutory formula. Factors include dependency, relationship, age of minor children, and the extent of each beneficiary's loss.
Court approval is required in many states.
Alternative Names:
Beneficiary Apportionment|Allocation Among Claimants
Why it Matters?
Defense involvement in apportionment is generally limited, since the allocation among beneficiaries does not affect the total paid, though it matters where beneficiaries have conflicting interests requiring separate representation or where minor shares require court approval that delays closure. Disputes among beneficiaries can also delay settlement funding substantially, which is worth anticipating when a family is fractured.
Frequently Confused with
Related terms
Frequently asked questions
Does apportionment affect the defense?
What should be anticipated?
