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Policy Limits › Toxic Exposure

Goldberg Segalla

Plaintiffs’ Judgment Covered in Part under Excess Policies, Subject to “All Sums” Allocation

Goldberg Segalla on

Supreme Court of New York, Monroe County - Meissner v. Ridge Constr., Inc., 2022 - N.Y. Misc. LEXIS 310 After obtaining a jury trial verdict of $8 million on November 19, 2019, in an action for asbestos exposure in...more

Bradley Arant Boult Cummings LLP

Duty to Cooperate Ruling Narrows Insurers’ Ability to Foreclose Coverage for Settled Class Action Claims

Bradley Arant Boult Cummings LLP on

Insurance policies typically include a cooperation clause, which requires the insured to cooperate with the insurer in the defense of a covered claim. Insurers routinely use this clause as a sword against their insureds by...more

Proskauer - Insurance Recovery & Counseling

Divided New York Court of Appeals Holds That Under Noncumulation Clause Only One Limit Is Available to Cover Multiple Claims

Proskauer - Insurance Recovery & Counseling on

In Nesmith v. Allstate Insurance Co., New York’s highest court, over a two-judge dissent, held that under the noncumulation clause in a landlord’s liability policy, only one limit was available to cover claims by children...more

Carlton Fields

New York District Court Rejects Excess Carrier’s Attempt to Stack Primary Limits in Continuous Exposure Case

Carlton Fields on

Cases involving continuous exposure present unique challenges. Determining when the alleged injury occurred is critical in evaluating causation, damages, and statute of limitations defenses. The date and nature of the...more

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