Problematic 'Unavailability' Insurance Exception Lives On

Law360 (April 16, 2020, 4:10 PM EDT) -- The Maryland Court of Appeals' April 3 decision in Rossello v. Zurich American Insurance Company represents the second time in the last six months that a state supreme court has approved "unavailability" of insurance as an exception to the general rule of "time of the risk" proration for long-tail claims.

This milestone is notable for two reasons.

Prior to 2019, no state supreme court adopting "time of the risk" proration had recognized an unavailability exception. Also, in both cases the state supreme courts adopted the analysis of lower appellate courts without any independent thinking of their own and without considering the...

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