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Long-Tail Claims Commercial Insurance Policies

Locke Lord LLP

Maryland Joins State Supreme Courts Endorsing Pro Rata Allocation for Long-Tail Losses

Locke Lord LLP on

The high court of Maryland has endorsed pro rata allocation under CGL policies in an asbestos bodily injury case, affirming the lower court and stating that “[t]he pro rata allocation approach—a longstanding precedent adopted...more

Farella Braun + Martel LLP

California Supreme Court: Insureds May Freely Transfer Insurance Rights

In 2003, the California Supreme Court ruled that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated the policy condition against assignments without insurer consent....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

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