Truck Insurance Exchange v. Kaiser Cement and Gypsum Corp. et al.

Allocation

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

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

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…

Norfolk Southern et al v. California Union Insurance Co.

Year: 2001

Court: Louisiana First Circuit Court of Appeal

Case Number: 2002-CA-371

Issue:

Allocation
Joint and Several Liability

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.