Non-Cumulation Clause

News & Analysis as of

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

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

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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