Law360, New York (July 14, 2014, 10:10 AM EDT) -- One leading commentator has described the Anti-Aggregation Rule when applied to multiple claims as “in an unsatisfactory state,” evolving “haphazardly and with little reasoning,” serving “no apparent policy,” and turning “on a mystifying conceptual test.” In contrast to these criticisms, the First, Sixth and Seventh Circuits have recently brought clarity to that rule. From these rulings, it is apparent that insurers seeking a declaratory judgment of noncoverage for the settlement of a class action may find difficulty in meeting the amount in controversy requirement for diversity jurisdiction under 28 U.S.C. § 1332.
While insurers faced with these circumstances may be relegated...
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