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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.

Author: McMahon, Thomas M., Van Dyke, Patricia A.
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
Cases, California, Liability insurance, Washington (State)

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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.

Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
United States, Verdicts, 1995 AD

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