Legal Insights for the Insured

Tag Archives: liability policy

Divided New York Court of Appeals Holds That Under Noncumulation Clause Only One Limit Is Available to Cover Multiple Claims

In Nesmith v. Allstate Insurance Co., New York’s highest court, over a two-judge dissent, held that under the noncumulation clause in a landlord’s liability policy, only one limit was available to cover claims by children from different families who were exposed to lead paint in the same apartment during successive policy terms.  This result should … Continue Reading

West Virginia High Court Examines Number Of Occurrences Under Liability Insurance Policy

This year, the Supreme Court of Appeals of West Virginia issued an important decision concerning whether a carbon monoxide leak is a single or multiple occurrence under a liability insurance policy.  Kosnoski, et al. v. Rogers, et al., No. 13-0494.  The number of occurrences can be a critical issue in insurance coverage litigation because it … Continue Reading
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