MARYLAND ADOPTS PRO-RATA ALLOCATION ON A TIME ON RISK BASIS

In Rossello v. Zurich Am. Ins. Co., 468 Md. 92, 226 A.3d 444 (2020), the Maryland Supreme Court held that Maryland law did not permit “all sums” allocation of liability policies in continuous and progressive injury cases. The Court held that for continuous and progressive injury cases, allocation would be made on a pro-rata basis, by time on the risk, among all insureds and insured periods that were triggered by the injury. Moreover, the insured was responsible for liability allocated to periods during which the insured was uninsured or had insurance that excluded coverage, provided that the liability coverage was available in the marketplace.