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Non-Cumulation Clause

Business Litigation Report - March 2017

Culture: Meeting Regulatory Expectations - Recent scandals in the corporate and financial spheres have served to highlight the importance of a strong and well-embedded institutional culture. It is difficult to pinpoint...more

March 2017: Insurance Litigation Update

In re Viking Pumps, Inc: Sowing Confusion for Insurers and Policyholders Alike. In May 2016, the New York Court of Appeals issued its decision addressing a question of first impression: how “anti- stacking” or...more

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

by McCarter & English, LLP on

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

New York High Court Gives the Bronx Cheer to Insurers’ Pro Rata Allocation and Exhaustion Arguments

Over time, New York’s courts have erected multiple barriers to policyholders seeking to recover insurance for long-tail, progressive injury claims—such as environmental or asbestos liabilities—that can implicate multiple...more

NY High Court’s ‘All Sums’ Allocation Ruling in Viking Pump is a Game Changer

by Reed Smith on

On May 3, 2016, New York’s high court took a giant step forward in protecting policyholders facing latent injury claims, allowing them to avoid multiple deductibles, retentions and insolvent coverage. In the Matter of Viking...more

New York Court of Appeals Holds Non-Cumulation Clauses Applicable to Lead Paint Claims

In its recent decision in Nesmith v Allstate Ins. Co., 2014 NY Slip Op 08217 (N.Y. Nov. 27, 2014), the New York Court of Appeals – New York’s highest court – had occasion to revisit the application of “non-cumulation” clauses...more

Oregon Enacts Significant Amendment to Environmental Clean-Up Insurance Statute

by K&L Gates LLP on

On June 10, 2013, Governor John Kitzhaber of Oregon signed into law a significant amendment to the Oregon Environmental Cleanup Assistance Act, ORS 465.475 et seq. (the “OECAA Amendment”)....more

The “Non-Cumulation” Clause: Another Attempt by Insurers to Escape Coverage Obligations

by Gilbert LLP on

Imagine the following scenario: your company faces thousands of lawsuits because, years ago, it produced a product that people now say is dangerous. As the claims quickly burn through your primary liability coverage, you...more

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