New York’s Highest Court Rejects “Unavailability” Exception to Pro Rata Allocation in Long-Tail Claims
and Top Developments
Recent Posts
Update: Texas Supreme Court Issues New Opinion in Menchaca Bad Faith Case
By: Sean Mahoney On April 13, 2018, the Texas Supreme Court issued its highly-anticipated decision on rehearing in USAA Tex. Lloyds Co. v. Menchaca, 2018 Tex. LEXIS 313 (Tex. Apr.
Complex Insurance Coverage Reporter – May 2018
New York’s Highest Court Rejects “Unavailability” Exception to Pro Rata Allocation in Long-Tail Claims
and Top Developments
Top Developments – May 2018
ADDITIONAL INSURED Gilbane Building Company, et al. v. St. Paul Fire & Marine Insurance Company, et al., 2018 N.Y. LEXIS 490 (N.Y. Mar. 27, 2018) New York Court of Appeals
Wisconsin Appeals Court Finds No Duty to Defend Under Excess Policies
By: Gregory Capps and Sara Mirsky In an April 25 decision, the Wisconsin Court of Appeals concluded in Johnson Controls, Inc. v. Central National Insurance Company of Omaha, et al.,
New York Court of Appeals Rejects Unavailability Exception to Pro Rata Allocation
By: Robert Walsh and Paul Briganti On March 27, 2018, the New York Court of Appeals issued its widely anticipated decision in Keyspan Gas East Corp. v. Munich Reinsurance America,
California Federal Court: “All Sums” Allocation Applies to Meso Case Under CA and NY Law
By: Gregory Capps On March 15, 2018, a California federal court (for the Northern District) ruled that under either California or New York law an “all sums” allocation applies to
Top Developments – February 2018
ATTORNEY’S FEES – DECLARATORY JUDGMENT ACTION JP Energy Marketing, LLC v. Commerce & Industry Insurance Company, et al., No. 115285, 2018 Okla. LEXIS 11 (Okla. Feb. 5, 2018) Oklahoma Supreme
Complex Insurance Coverage Reporter – February 2018
An Insurer’s Guide to Reserving Rights: Tips for Avoiding Waiver and Estoppel
and Top Developments
Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs
By: Craig O’Neill The Massachusetts Supreme Judicial Court (SJC) is set to hear argument on February 6 in a case that will decide whether insurers can recoup defense costs if it
Ohio Court Of Appeals: Absolute Pollution Exclusion Bars Coverage For Workplace Coal-Tar Pitch Exposure Claims
On December 28, 2017, the Ohio Court of Appeals (Eighth District) held in GrafTech International, Ltd., et al. v. Pacific Employers Ins. Co., et al., No. 105258 that coverage for