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Expert Analysis

Liability For Long-Tail Claims: Pro Rata Or All Sums?

Law360 ( November 6, 2009, 5:18 PM EST) -- In the six years from 2003 through 2008, five state supreme courts joined the ranks of states that had adopted a "pro rata" approach to allocating liability among insurance policies for claims involving damage that spans multiple policy years. During that period, no state supreme court adopted an "all sums" approach to allocating such liability....

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