When two or more uninsured motorist policies apply, a question arises as to whether those policies should pro-rate with each other, or one of the policies should be designated as primary, with the other as excess. This issue was addressed by the Kentucky Supreme Court...
Month: January 2018
Wyoming Adopts the Notice-Prejudice Rule
The Wyoming Supreme Court in Century Surety Co. v. Jim Hipner, LLC, 377 P.3d 784 (Wyo. 2016) adopted the notice prejudice rule. The court also found that any policy exclusion that attempted to displace the notice prejudice rule was void.
Montana Supreme Court Determines What Standard to Utilize in Approving Consent Settlement Agreements
Recently, the Montana Supreme Court, in a split decision, found that the trial court must utilize an objective standard in considering the value of the claim and the insured's loss of coverage when it determines the reasonableness of a stipulated settlement entered...
New York Appellate Court Determines Who Bears Responsibility for Orphan Share in Long Latency Continuous Trigger Cases
New York has adopted a pro-rata allocation methodology for continuous and progressive losses where coverage for all triggered policies is determined on a time-on-the-risk basis. Recently, the New York Court of Appeals in Keyspan Gas East Corp. v. Munich Reinsurance...