News & Analysis as of

Asbestos Long-Tail Claims

White and Williams LLP

Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims

Claims Arising Out of a Deficiency or Negligence in the Design, Planning, Construction and General Administration of Improvements to Real Property Among Those Affected. In Stearns v. Metropolitan Life Insurance Company, the...more

McGuireWoods LLP

Big Win for Policyholders in NY: “All Sums” Allocation, Vertical Exhaustion Apply

McGuireWoods LLP on

On May 3, 2016, the New York Court of Appeals issued a much-anticipated and significant decision on allocation and exhaustion issues in the context of long-tail liability insurance. The case was styled Viking Pump, Inc. v....more

Pillsbury Winthrop Shaw Pittman LLP

In Reversal, California Supreme Court Allows Assignment of Coverage for Liability Claims

California’s Supreme Court has reversed its own heavily criticized decision from 2003 in Henkel Corp. v. Hartford Accident & Indem. Co. (2003) 29 Cal. 4th 934. In Fluor Corp. v. Superior Court, the Court announced that its...more

Carlton Fields

California Declares New Rules for Assignment of Long Tail Claims

Carlton Fields on

Last week, in a unanimous decision, the Supreme Court of California changed the law governing anti-assignment provisions in liability insurance policies. Twelve years ago, in Henkel Corp. v. Hartford Accident & Indemnity...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law

Horizontal Exhaustion Not Required for Excess Policies in New York - Why it matters: A Delaware superior court recently predicted that New York’s highest court would not require policyholders to horizontally...more

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