“There is no intimation in the language of the standard policy that proration amongst the insured and its insurer is contemplated in cumulative trauma cases.“
Insurance Company Conduct Endorsing the Fairness of 'All Sums' Allocation
There are many examples of insurance company statements and conduct that have endorsed the fairness of the "all sums" approach to allocation, or argued against the imposition of extracontractual proration. This conduct contradicts the unsupported arguments these insurance companies now make in favor of extracontractual proration; that enforcing the "all sums" policy language somehow would lead to unfair or unintended results.
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