Maryland’s Top Court Adopts Majority Pro Rata Allocation Rule in “Long Tail” Case

Maryland’s Top Court Adopts Majority Pro Rata Allocation Rule in “Long Tail” Case

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…