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A Viking on Choppy Waters

When the New York Court of Appeals issued its decision in <i>Consolidated Edison Company v. Allstate Insurance Co.</i>, the issue of allocating liability for continuing losses among multiple insurers consecutively liable for the loss appeared to be all but settled. This approach to allocation has been called into question, however, by the recent decision of the Delaware Court of Chancery in <i>Viking Pump, Inc. v. Century Indem. Co.</i>

42 minute read December 18, 2009 at 02:59 PM
By
Robert D. Goodman and Steve Vaccaro
A Viking on Choppy Waters

When the New York Court of Appeals issued its decision in Consolidated Edison Company v. Allstate Insurance Co. 98 N.Y.2d 208 (2002), the issue of allocating liability for continuing losses among multiple insurers consecutively liable for the loss appeared to be all but settled.

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