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Expert Analysis

Viking Pump Rebels Against NY Pro Rata Allocation Regime

Law360, New York (May 18, 2016, 2:52 PM EDT) -- In a landmark decision, the New York Court of Appeals broke with precedent mandating a pro rata allocation of long-term injury to consecutive liability policies. It held that, since the treatment of the injury in noncumulation provisions cannot be reconciled with the pro rata rationale, an all sums allocation will apply. Viking Pump Inc. v. TIG Insurance Co., — N.Y.3d —, (N.Y. May 3, 2016). The case is a departure from the pro rata approach adopted by the court in the Consolidated Edison case in 2002, which the court reinforced only three years ago.[1]...

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