Unavailability of Insurance Archives

Unavailability of Insurance

Allocation and Contribution
Unavailability of Insurance

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…