Norfolk Southern et al v. California Union Insurance Co.
Year 2001
Court Louisiana First Circuit Court of Appeal
Case Number 2002-CA-371
Issue
  • Joint and Several Liability
  • Pro-rata Allocation
State
  • Louisiana

The Court should affirm its decision to allow joint and several liability where the loss may be covered by several insurance policies and not allow the insurer’s pro-rata allocation scheme which puts the burden on insureds.

Related Docs
Author UP's brief was written pro bono by Perry Staub, Jr. of Taggart, Morton, Ogden, Staub, Rougelot & O'Brien, LLC. Of Counsel: Robert E. Frankel, Esq. of Anderson Kill & Olick, PC, and Amy Bach, Esq.
Related Cases
Norfolk Southern et al v. California Union Insurance Co.
Year: 2001
Court: Louisiana First Circuit Court of Appeal
Case Number: 2002-CA-371
Issue:
  • Joint and Several Liability
  • Pro-rata Allocation
State:
  • Louisiana

The Court should affirm its decision to allow joint and several liability where the loss may be covered by several insurance policies and not allow the insurer’s pro-rata allocation scheme which puts the burden on insureds.
Security Insurance Co of Hartford v. Lumbermens Mutual Casualty Company
Year: 2001
Court: Connecticut Appellate Court
Case Number: AC 21960
Issue:
  • Continuing Injury
  • Pro-rata Allocation
State:
  • Connecticut

Drafting history sanctions the policyholder’s right to designate which general liability insurance policies are liable to respond fully to a continuing injury. This is inconsistent with any “pro-rata” allocation among insurers.