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Expert Analysis

Why Pro Rata Allocation Is The Majority Rule

Law360, New York (October 16, 2014, 9:38 AM EDT) -- Many jurisdictions with a substantial volume of insurance coverage litigation have already decided the fundamental allocation issue of whether losses are allocated under the all sums approach generally advocated by policyholders or pursuant to one of the pro rata allocation methods (e.g., time on the risk or time and limits)[1] often advocated by insurers. It is the numerous — and often significant — nuances associated with allocation that dominate many of today's coverage disputes.[2]...

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