By: John S. Anooshian and Paul A. Briganti On April 3, 2020, the Maryland Court of Appeals, in a closely-watched case, unanimously rejected the application of an “all sums” allocation and held that damages for continuous bodily injury must be allocated pro rata, by time-on-the-risk, across all insured and insurable periods that are “triggered” by…
On October 4, 2019 (almost two years after granting certification), the Connecticut Supreme Court affirmed the Appellate Court’s rulings on four key coverage issues in R.T. Vanderbilt Company v. Hartford Accident & Indemnity Company, et al.
The court’s August 18, 2018 decision dealt with four Midland excess policies issued to American Smelting and Refining Company (ASARCO).
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.
Olin Corporation v. OneBeacon America Insurance Company and Top Developments
