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Amicus Library

Unavailability of Insurance
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…

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