Horizontal Exhaustion Doctrine Anti-Stacking Provisions

News & Analysis as of

Insurance Recovery Group News: New York Holds Excess Insurers Liable For “All Sums” Related To Long Tail Claims

For more than two decades, the problem of allocating the costs of long tail claims – such as environmental and asbestos claims – among multiple insurance carriers has generally been resolved in one of two ways. Courts in...more

New York’s Highest Court Rules in Favor of “All Sums” and Vertical Attachment in Certified Question from Delaware Supreme Court

In the recent decision of Viking Pump, Inc., et al. v. TIG Insurance Co., et al., 2016 N.Y. LEXIS 1018 (N.Y. May 3, 2016), the New York Court of Appeals (New York’s highest court), on questions certified by the Delaware...more

Weekly Law Resume - April 26, 2013: Insurance Coverage – Excess v Primary Carriers and Horizontal Exhaustion

Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania Court of Appeal, Second District (April 8, 2013) Last year, in State of California v. Continental Insurance Company (2012) 55 Cal.4th...more

California Court Addresses Horizontal Exhaustion Requirement

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more

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