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Allocating Costs to Policyholders for Periods of No Insurance

Regarding coverage for injury or damage that has taken place over an extended time period, a majority of courts today allocate costs using the pro rata method, which assigns to each policy in effect during the applicable time period the share of costs proportionate to the amount of injury or damage that took place while the policy was in effect. But what is the "unavailability exception" ?

23 minute read October 02, 2014 at 12:00 AM
By
Elaine A. Panagakos
Allocating Costs to Policyholders for Periods of No Insurance

In cases involving insurance coverage for injury or damage that has been held to have taken place over an extended time period, a majority of courts today allocate costs using the pro rata method, which assigns to each policy in effect during the applicable time period the share of costs proportionate to the amount of injury or damage that took place while the policy was in effect.

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