By: Anthony L. Miscioscia and Timothy A. Carroll “These are, safe to say, uncertain times,” Siobhan Roberts, a science journalist, recently wrote for the New York Times, referencing the COVID-19
Recent Posts
Second Circuit Says Cedent Cannot Use the “Follow-the-Settlements” Doctrine to Circumvent Plain, Unambiguous Policy Provision
By: Michael S. Olsan and Zachery B. Roth In Utica Mutual Insurance Company v. Fireman’s Fund Insurance Company, the U.S. Court of Appeals for the Second Circuit, reversing a jury
Shuttered Businesses Seek National Consolidation of COVID-19 Business Interruption Claims
By: Sean P. Mahoney, Michael O. Kassak and Eric B. Hermanson On April 20, 2020, two Philadelphia restaurants filed a petition with the Judicial Panel on Multi-District Litigation (the Panel
Ohio Supreme Court: “Those Sums” Isn’t “All Sums” Where Damages Occur at a Discernable Time
By: John S. Anooshian and Michael E. DiFebbo The Ohio Supreme Court declined to adopt a bright-line rule regarding whether Ohio’s “all sums” allocation rulings apply to property damage occurring
California Supreme Court Adopts “Vertical Exhaustion” in the Long-Storied Montrose Environmental Coverage Litigation
By: Gregory S. Capps and Michael E. DiFebbo On April 6, 2020, the California Supreme Court issued a decision that held a policyholder is entitled to access available excess coverage
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