Friday, June 12, 2015
Ind. Decisions "Supreme Court refuses to hear insured’s challenge to pro rata allocation ruling"
Lexology yesterday highlighted this post from the Insurance Coverage Law Blog. It begins:
Indiana has traditionally been thought of as an “all sums” jurisdiction. Allstate Ins. Co. v. Dana Corp., 759 N.E.2d 1049, 1060 (Ind. 2001) (“whether or not the damaging effects of an occurrence continue beyond the end of the policy period, if coverage is triggered by an occurrence, it is triggered for ‘all sums’ related to that occurrence.”) However, the Indiana Supreme Court – over the strident dissent of its Chief Justice and one other Justice of the five Justice court – recently refused to hear an appeal from an intermediate appellate court decision which applied pro rata allocation in an insurance coverage action involving long-tail toxic exposure claims asserted by former employees against the insured. Thomson Inc. v. Ins. Co. of N. Am., 2015 Ind. LEXIS 397 (Ind. May 15, 2015).See this ILB post from May 18, 2015 for details.
Posted by Marcia Oddi on June 12, 2015 01:10 PM
Posted to Ind. Sup.Ct. Decisions