Long-tail environmental and toxic tort claims have spawned decades of hard-fought insurance coverage litigation. As the litigation has matured, judges have been forced to fashion rules that allow the courts
The Allocated Share Set-Off Rule: New York Enters the Debate
Until recently, New York courts — the venue for much of the seminal insurance law developed in the United States — had not directly weighed in on the allocated share set-off rule. Recently, however, a New York trial judge issued a partial summary judgment decision that expressly adopted the rule in the context of long-tail asbestos claims.
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