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Case Briefs

By ALM Staff | Law Journal Newsletters |

Court Rejects Primary Insurers' Invocation of 'All Sums' Rule When Allocating Loss Among Triggered Policy Years

In Federated Rural Elec. Ins. Exch. v. National Farmers Union Prop. & Cas. Co., 805 N.E.2d 456, 466 (Ind. Ct. App. 2004), the Indiana Court of Appeals held that the “all sums” rule is inapplicable to insurers' allocation of loss among successive primary policies. A policyholder there sought coverage from its primary insurers ' National Farmers Union Property and Casualty Company (“NFU”) and Federated Rural Electric Insurance Exchange (“Federated”) ' when it was sued because its stray electrical voltage allegedly damaged another's dairy cows over an 11-year period.

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