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. 13, 2018).
New York’s Highest Court Rejects “Unavailability” Exception to Pro Rata Allocation in Long-Tail Claims and Top Developments
Top Developments in Additional Insurance, Allocation, Asbestos, Bad Faith, Estoppel, Insurance Adjusters, Number of Occurrences and Late Notice
In an April 25 decision, the Wisconsin Court of Appeals concluded that two excess insurers had no duty to defend policyholder Johnson Controls in connection with claims for alleged environmental contamination at numerous sites.
On March 27, 2018, the New York Court of Appeals issued its widely anticipated decision in Keyspan Gas East Corp. v. Munich Reinsurance America, Inc.
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 claims for coverage for an underlying mesothelioma wrongful death action.