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Expert Analysis

Where Is The Pro Rata V. All Sums Debate Today?

Law360, New York (December 12, 2014, 11:17 AM EST) -- In its seminal Boston Gas decision five years ago, the Massachusetts Supreme Judicial Court adopted a pro rata approach to allocation of indemnity costs of long-tail insurance claims. Boston Gas Co. v. Century Indem. Co., 454 Mass. 337 (2009). However, the court made clear that it was not addressing the allocation of defense costs, and insurers and policyholders have continued to struggle with that issue....

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