California's highest court holds that an insurer can be liable for a policyholder's injuries, even if the damage occurred outside of the insured's policy period
Article Abstract:
The California Supreme Court ruled on the issue of allocation of defense and indemnity under comprehensive general liability (CGL) policies in cases of continuous injury or damage in Aerojet-General Corp. v. Transport Indemnity Co. The court held any "triggered" insurance policy to be responsible for "all sums," including damage outside the policy period, of injuries or damage caused by the covered occurrence. The court rejected the whole concept of pro rata allocation, finding it to be inconsistent with insurance policies' plain language.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Reversals: verdicts reversed after trial
Article Abstract:
Several major 1995 verdicts and a number from prior years were reversed during 1995, many with appeals pending or retrials on damages planned but not scheduled. The top 1995 cases reversed include Texas Instruments v Analog Devices, a patent infringement case with a $51.8 million award that could have trebled; Blue Cross & Blue Shield United of WI v Marshfield Clinic, an antitrust case with an award trebled to $48.51 million; and Key v Prudential Insurance of America, an insurance fraud case worth $25 million.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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- Abstracts: Crash course for business; companies can be liable for accidents resulting from job-related cell phone use. The price is wrong; the chief justice declines an offer of free Lexis research
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