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Excess Policies Pro Rata Allocation Rule

Rivkin Radler LLP

New York Insurance Coverage Law Update - December 28 2022

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Burlington Insurance Company issued primary policies to a contractor in 2013-14 and 2014-15, and Century was the excess insurer for 2013-14. The contractor was sued for property damage resulting from its construction work...more

White and Williams LLP

New York State Trial Court: Non-Cumulation Provision in Excess Policies Mandates “All Sums” Allocation

On August 18, 2018, the New York Supreme Court, New York County, confirmed a referee’s finding that “all sums” allocation was required under excess policies issued by Midland Insurance Company because they included a...more

Morris James LLP

Supreme Court of Delaware Decides Long-Standing Dispute in Viking Pump Action

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The Supreme Court of Delaware issued its decision in the long-standing dispute in In re Viking Pump, Inc. and Warren Pumps, LLC. The appeal arose out of several rulings in the Court of Chancery and after a jury trial in the...more

McCarter & English, LLP

New York High Court Applies All Sums Allocation To Long-Tail Claims Under Certain Insurance Policies

The New York Court of Appeals recently answered two certified questions from the Delaware Supreme Court concerning insurance allocation, and the Court’s answers may impact significantly policyholders litigating “long-tail”...more

Cozen O'Connor

New York’s Highest Court Creates Exception to Pro Rata Allocation

Cozen O'Connor on

On May 3, 2016, the New York Court of Appeals answered two certified questions posed by the Delaware Supreme Court regarding the appropriate allocation method for long-tail claims among successive excess carriers. The first...more

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