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Commercial General Liability Policies › Asbestos Litigation › Liability Insurance

Phelps Dunbar

Texas Court Could Limit Risk by Defining Exposure Trigger for Long-Tail Claims

Phelps Dunbar on

The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory....more

White and Williams LLP

Maryland's Top Court Adopts Majority Pro Rata Allocation Rule in "Long Tail" Case

White and Williams LLP on

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...more

Carlton Fields

California Declares New Rules for Assignment of Long Tail Claims

Carlton Fields on

Last week, in a unanimous decision, the Supreme Court of California changed the law governing anti-assignment provisions in liability insurance policies. Twelve years ago, in Henkel Corp. v. Hartford Accident & Indemnity...more

McNees Wallace & Nurick LLC

Is That Covered? Lost Insurance Policy

McNees Wallace & Nurick LLC on

Many liability policies are triggered when an event giving rise to a covered claim occurs, rather than when the claim is asserted or filed with the court. This is often true of the most common type of liability coverage -...more

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