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Case Briefs

By ALM Staff | Law Journal Newsletters |
March 29, 2012

Fourth Circuit Adopts Pro Rata Time-on-the-Risk Allocation Method

The U.S. Court of Appeals for the Fourth Circuit has issued an opinion forcefully adopting a pro rata time-on-the-risk allocation method, holding that an insurer could be held liable only for periods of risk that it had contracted to cover, even if its policyholder was jointly and severally liable for harm sustained over a longer period. Pennsylvania National Mutual Casualty Insurance Co. v. Roberts, et al., Nos. 10-1987, 10-1988, 2012 WL 336150 (4th Cir. Feb. 3, 2012). Applying Maryland law, the Fourth Circuit stated that coverage was limited to bodily injury “occur[ring] during the policy period” and that to hold the insurer liable for any other period would “upend insurance underwriting.” The decision also addresses the implications of the allocation determination for insurance underwriting.

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