All-Sums Allocation Must Be Applied In Asbestos Coverage Dispute, Federal Judge Says

Mealey's (August 9, 2016, 12:48 PM EDT) -- NEW YORK — Based on a recent decision by the New York Court of Appeals regarding allocation, a New York federal judge on Aug. 8 granted an insured’s motion for reconsideration and said that in light of the Court of Appeals’ decision, an all-sums method of allocation, not a pro rata method of allocation, must be applied to policies with noncumulation clauses (Liberty Mutual Insurance Co. v. The Fairbanks Co., Nos. 13-3755, 15-1141, S.D. N.Y.; 2016 U.S. Dist. LEXIS 104250).

(Opinion available. Document #03-160810-005Z.)

Liberty Mutual...
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