Allocation and Contribution
Truck Insurance Exchange v. Kaiser Cement and Gypsum Corp. et al.
Year: 2022
Court: California Supreme Court
Case Number: No. S273179
Issue:
  • Allocation and Contribution
State:
  • California

United Policyholder’s amicus brief discusses important issues of equitable contribution and allocation between primary and excess insurers, including explaining how one proposed equitable contribution scheme would impact policyholder rights and the future availability of funds in the context of asbestos-related liabilities.
Aerojet-General Corporation vs. Transport Indemnity Insurance Company
Year: 1996
Court: California Supreme Court
Case Number: S054501
Issue:
  • Allocation and Contribution
State:
  • California

Insurance companies should not be allowed to profit from inconsistent coverage positions. / Allocation
Boston Gas vs. Certain Underwriters at Lloyds, London, et. al.
Year: 2006
Court: U.S. Court of Appeals, 1st Circuit
Case Number: 07-1452
Issue:
  • Allocation and Contribution
State:
  • Massachusetts

Coverage for continuous injury when multiple policies cover the loss. The Court should adopt the position that joint and several liability should be imposed against insurance companies for damages arising from an ongoing injury. The only way the policyholder can enjoy the security it purchased…
Thomson, Inc. et al. v. XL Insurance, Inc. et al.
Year: 2014
Court: Indiana Supreme Court
Case Number: 49A05-1109-PL-470
Issue:
  • Allocation and Contribution
  • Contract Interpretation
State:
  • Indiana

On appeal from a decision in error by the Indiana Court of Appeal, UP argued in its brief that the presumptive rule in determining the scope of coverage under a Commercial General Liability Policy (“CGL”) should be “all-sums” or joint and several liability. For “long-tail”…
Radiator Specialty Company v. Fireman’s Fund Insurance Co.
Year: 2016
Court: North Carolina Court of Appeals
Case Number: 16-638
Issue:
  • Allocation and Contribution
  • Duty to Defend and Indemnify
State:
  • North Carolina

UP supports the position that the terms of the standard commercial general liability (“CGL”) policy compels “all sums” allocation. UP wrote separately from the parties of the case to bring to the Court’s attention the extensive drafting history of the insurance industry, which confirms that…
In the matter of Viking Pump and Warren Pump, insurance appeals
Year: 2016
Court: New York Court of Appeals
Case Number: CTQ-2015-0003
Issue:
  • Allocation and Contribution
  • Asbestos/long-tail liabilities
State:
  • New York

Joined by co-amici the Asbestos PI Trust, ASARCO Asbestos Personal Injury Trust, Duro Dyne Corporation, John Crane Inc. and Alfa Laval Inc, UP urged the New York Court of Appeals to hold that comprehensive general liability insurance policies containing non-cumulation and prior insurance provisions must…
Continental Ins. Co. et al v. Honeywell International, Inc
Year: 2017
Court: New Jersey Supreme Court
Case Number: A-1071-13T1, A-1100-13Tl
Issue:
  • Allocation and Contribution
  • Unavailability of Insurance
State:
  • New Jersey

Under the seminal case of Owens-Illinois v. United Ins. Co., the New Jersey Supreme Court held that under the Keane rule, a policyholder’s entire liability can be allocated to a single triggered policy. The policyholder can only assume the portion of the risk for which…
Keyspan East Gast Corporation v. Munich Re America, Inc.
Year: 2018
Court: New York Court of Appeals
Case Number: APL-2016-00236
Issue:
  • Allocation and Contribution
  • Unavailability of Insurance
State:
  • New York

In the case of indivisible long-tail injury claims that have a latent manifest, the “all sums” approach protects the policyholder from litigating with every insurer that may have liability. In contrast, the “pro rata” approach is a pro-insurer approach that causes more litigation and potentially…
Montrose Chemical Corp. v. Superior Court (Montrose IX)
Year: 2017
Court: California Supreme Court
Case Number: B272387/S244737
Issue:
  • Allocation and Contribution
  • Excess Insurance
State:
  • California

UP submitted letters requesting depublication of the appellate decision and supporting review by the California Supreme Court. In it’s letters UP argued that the Montrose IX Court created new and bad law by (a) adopting a coverage-minimizing reading of the term “underlying insurance,” in contravention…
National Indemnity Co. v. State of Montana
Year: 2020
Court: Supreme Court of the State of Montana
Case Number: 19-0533
Issue:
  • Allocation and Contribution
State:
  • Montana

In its brief, UP argues that the District Court correctly held that NIC owes the State a complete defense and indemnity for long-tail asbestos claims under the “all sums” language in its insurance policy. That holding is consistent not only with the insurance policy language;…